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Workers' Compensation Law Commons

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Articles 1141 - 1170 of 1235

Full-Text Articles in Workers' Compensation Law

Injunctions - When Enforcement Of Judgment Will Be Enjoined For Fraud Consisting Of Perjury, Michigan Law Review Feb 1942

Injunctions - When Enforcement Of Judgment Will Be Enjoined For Fraud Consisting Of Perjury, Michigan Law Review

Michigan Law Review

Plaintiffs sought a permanent injunction against the procurement by defendant. of a judgment upon a workmen's compensation award, on the ground that defendant had obtained the award through the perjured testimony of himself and his witnesses. The false testimony was claimed to be a fraud upon the department of labor and industry as well as upon the plaintiffs. The lower court dismissed the bill as failing to state a cause of action. Held, dismissal affirmed since perjury is an intrinsic fraud, and equitable relief will not be given. Fawcett v. Atherton, 298 Mich. 362, 299 N. W. 108 …


Workmen's Compensation: Death Or Injury From Air Mishap, William Q. De Funiak Jan 1942

Workmen's Compensation: Death Or Injury From Air Mishap, William Q. De Funiak

Kentucky Law Journal

No abstract provided.


Constitutional Law--Impairment Of Contract--Retrospective Limitations On Claims Under Optional Compensation System, E. I. E. Dec 1941

Constitutional Law--Impairment Of Contract--Retrospective Limitations On Claims Under Optional Compensation System, E. I. E.

West Virginia Law Review

No abstract provided.


Workmen's Compensation Act--Mines And Mining--Company Rules--Necessity For Proper Approval, G. S. B. Dec 1941

Workmen's Compensation Act--Mines And Mining--Company Rules--Necessity For Proper Approval, G. S. B.

West Virginia Law Review

No abstract provided.


Conflict Of Laws - Workmen's Compensation - Local Statute As A Defense To A Local Cause Of Action, John C. Johnston Nov 1941

Conflict Of Laws - Workmen's Compensation - Local Statute As A Defense To A Local Cause Of Action, John C. Johnston

Michigan Law Review

Plaintiff resided and was employed in Texas as the manager of a local store owned by a corporation which operated a chain of stores in various states. While visiting the main office of his employer in Illinois, he was injured through the negligence of the defendant taxicab company. After applying for and receiving compensation from his employer under the Workmen's Compensation Law of Texas, plaintiff then brought action in Illinois against defendant to recover damages for his personal injuries. Under the Workmen's Compensation Act of Texas an employee who has received compensation under the act may bring an action against …


Workmen's Compensation Act--Employer's Right To Subrogation, P. J. O'F., W. H. S. Jun 1941

Workmen's Compensation Act--Employer's Right To Subrogation, P. J. O'F., W. H. S.

West Virginia Law Review

No abstract provided.


Violation Of Statute Bars Compensation Apr 1941

Violation Of Statute Bars Compensation

Indiana Law Journal

Notes and Comments: Workmen's Compensation


Workmen's Compensation - Injury By Accident - Compensation For A Contagious Disease Contracted From A Fellow Employee, Michigan Law Review Mar 1941

Workmen's Compensation - Injury By Accident - Compensation For A Contagious Disease Contracted From A Fellow Employee, Michigan Law Review

Michigan Law Review

P and X were both employed by D. Their work made it necessary that they be in close proximity to one another. X, who was infected with tuberculosis, frequently coughed in P's face and on one occasion the spray and sputum went into P's face and mouth. Within several months P was forced to leave the employ of D. Applying for relief under the North Carolina Workmen's Compensation Act, P made a showing that he was disabled with tuberculosis, and the Workmen's Compensation Commission, finding that P had been in contact with no other source …


Constitutional Limits Of Legislative Pressure To Induce Acceptance Of Elective Workmen's Compensation Acts Mar 1941

Constitutional Limits Of Legislative Pressure To Induce Acceptance Of Elective Workmen's Compensation Acts

Washington and Lee Law Review

No abstract provided.


Constitutional Law--Due Process--Liability Without Fault, A. A. A. Feb 1941

Constitutional Law--Due Process--Liability Without Fault, A. A. A.

West Virginia Law Review

No abstract provided.


Workmen's Compensation - Injury Or Death Due To Existing Disease Aggravated By Ordinary Work., Michigan Law Review Feb 1941

Workmen's Compensation - Injury Or Death Due To Existing Disease Aggravated By Ordinary Work., Michigan Law Review

Michigan Law Review

An employee who suffered from high blood pressure and hardening of the arteries was employed by defendant. After helping another workman unload six hundred sacks of cement weighing ninety-four pounds each in about forty minutes, the employee became ill and suffered a stroke which permanently paralyzed his left limbs. Held, compensation allowed under the Workmen's Compensation Act in spite of the fact that the employee was doing normal work of his employment in the usual way, and that he was at the time in an abnormal physical condition. Lumbermen's Mutual Casualty Co. v. Griggs, 190 Ga. 277, 9 …


Outside Salesmen And The Workmen's Compensation Act, Leo M. Alpert Jan 1941

Outside Salesmen And The Workmen's Compensation Act, Leo M. Alpert

Maryland Law Review

No abstract provided.


Admiralty - Workmen's Compensation - Longshoremen's Act Status Of Worker On Vessel Withdrawn From Navigation But Moving On Navigable Waters, Michigan Law Review Nov 1940

Admiralty - Workmen's Compensation - Longshoremen's Act Status Of Worker On Vessel Withdrawn From Navigation But Moving On Navigable Waters, Michigan Law Review

Michigan Law Review

Plaintiff and five others were hired to load a lake freighter with cargo for winter storage. They were hired by the day and none lived aboard the vessel, which had been out of commission for a year. Plaintiff assisted in towing the vessel to the elevator dock and worked on deck while the cargo was being loaded. While shifting the vessel along the dock, plaintiff's hand was crushed in a winch. Plaintiff brought an action at law under the Jones Act. Held, plaintiff is not a seaman within the terms of that act, nor "a member of a crew" …


Workmen's Compensation-Constitutionality Of A Statute Imposing Liability Without Fault On Non-Contributing Employers [Prager V. V. H. Chapman & Sons Co., W. Va. 1940]. Sep 1940

Workmen's Compensation-Constitutionality Of A Statute Imposing Liability Without Fault On Non-Contributing Employers [Prager V. V. H. Chapman & Sons Co., W. Va. 1940].

Washington and Lee Law Review

No abstract provided.


Workmen's Compensation--Effective Date Of Modification Of Award, A. A. A. Jun 1940

Workmen's Compensation--Effective Date Of Modification Of Award, A. A. A.

West Virginia Law Review

No abstract provided.


The Washington Workmen's Compensation Act From The Employers' Viewpoint, Lowell P. Mickelwait Apr 1940

The Washington Workmen's Compensation Act From The Employers' Viewpoint, Lowell P. Mickelwait

Washington Law Review

Although this state has had a workmen's compensation act since 1911, the employers generally have, until recently, paid but slight attention to the administration of the act. They have proceeded on the theory that the accident experience of the particular employer had little or no relation to the amount of contributions required to be made by that employer under the act. The situation is very different today. Every well-advised employer now realizes that, in the long run, his industrial insurance premiums will tend to approximate the cost of the accidents occurring in his own plant. By the maintenance of high …


Workmen's Compensation--Death Benefit Awards To Partial And Total Dependents, R. A. P. Apr 1940

Workmen's Compensation--Death Benefit Awards To Partial And Total Dependents, R. A. P.

West Virginia Law Review

No abstract provided.


Workmen's Compensation - Federal Employers' Liability Act - Employment In Interstate Commerce, Michigan Law Review Mar 1940

Workmen's Compensation - Federal Employers' Liability Act - Employment In Interstate Commerce, Michigan Law Review

Michigan Law Review

Plaintiff was an employee of the Boston Terminal Company, defendant, which owned and operated the South Station in Boston. The general employment of the plaintiff consisted of the handling of mail for both interstate and intrastate transportation. He was ordered to load three mail sacks, which included letters from outside the state but the destination of which was wholly within the state, on a train which traveled entirely within the state. While returning to the mail room after loading the three sacks, the plaintiff was injured when the truck he was driving overturned due to his lack of experience in …


Procedure To Secure Benefits Under The Workmen's Compensation Act, John Geisness Jan 1940

Procedure To Secure Benefits Under The Workmen's Compensation Act, John Geisness

Washington Law Review

The Workmen's Compensation Act establishes funds for the payment of benefits to workmen injured in certain industries, and to their widows and children in the event of death. It also defines a procedure for the assertion of the right to such benefits. Under that procedure, the Department of Labor and Industries is vested with original jurisdiction over all claims. The courts are strictly limited to review of questions already passed upon by the Department unless the Department is acting outside of the jurisdiction conferred upon it. The legislature itself may not override the statutory procedure and appropriate money from one …


The Maryland Occupational Disease Law, J. Nicholas Shriver Jr Jan 1940

The Maryland Occupational Disease Law, J. Nicholas Shriver Jr

Maryland Law Review

No abstract provided.


Workmen's Compensation--What Is A Compensable Disease?, J. Paul Curry Jan 1940

Workmen's Compensation--What Is A Compensable Disease?, J. Paul Curry

Kentucky Law Journal

No abstract provided.


Workmen's Compensation--Filing Application Within Statutory Period, A. A. A. Dec 1939

Workmen's Compensation--Filing Application Within Statutory Period, A. A. A.

West Virginia Law Review

No abstract provided.


Workmen's Compensation--Permanent Total Disability Fating--Effect Of Returning To Work, W. J. C. Dec 1939

Workmen's Compensation--Permanent Total Disability Fating--Effect Of Returning To Work, W. J. C.

West Virginia Law Review

No abstract provided.


Practice And Procedure - General Verdict On Several Counts - Is New Trial Necessary When One Of Two Counts Is Unsupported By Evidence?, Edmund R. Blaske Nov 1939

Practice And Procedure - General Verdict On Several Counts - Is New Trial Necessary When One Of Two Counts Is Unsupported By Evidence?, Edmund R. Blaske

Michigan Law Review

Plaintiff sued defendant to recover damages arising from personal injuries claimed to have been suffered by him while in the employ of defendant, who was not under the workmen's compensation statute. In the first count of his declaration plaintiff claimed that defendant did not furnish him a safe place in which to work, and in the second count that defendant set him at work on dangerous materials. The jury returned a verdict of "guilty on both counts" and assessed "total damages" at $998.71. The trial court, on a motion for judgment notwithstanding the verdict, ruled that as a matter of …


Workmen's Compensation - Lead Poisoning Contracted By An Automobile Mechanic Not An Occupational Disease - Cancer Contracted By Battery Plant Employee An Occupational Disease, Donald M. Swope Mar 1939

Workmen's Compensation - Lead Poisoning Contracted By An Automobile Mechanic Not An Occupational Disease - Cancer Contracted By Battery Plant Employee An Occupational Disease, Donald M. Swope

Michigan Law Review

Plaintiff contracted lead poisoning through the gradual daily inhalation of poisonous fumes from a gasoline torch used in his occupation as an automobile mechanic. If the employer had provided another type of gasoline, it appeared that plaintiff's disability would have been avoided. Held, that under these circumstances lead poisoning was not an occupational disease, and plaintiff should be compensated under the Iowa Workmen's Compensation Law. Black v. Creston Auto Co., (Iowa, 1938) 281 N. W. 189.


Workmen's Compensation-Remand For Rehearing Feb 1939

Workmen's Compensation-Remand For Rehearing

Indiana Law Journal

No abstract provided.


Administrative Findings And The Kentucky Workmen's Compensation Board, Paul Leo Oberst Jan 1939

Administrative Findings And The Kentucky Workmen's Compensation Board, Paul Leo Oberst

Kentucky Law Journal

No abstract provided.


Workmen's Compensation--Aggravation Of Hernia Under West Virginia Statute, W. E. N. Dec 1938

Workmen's Compensation--Aggravation Of Hernia Under West Virginia Statute, W. E. N.

West Virginia Law Review

No abstract provided.


Independent Contractor-Injury Caused By Contractor Operating Vehicle Under Carrier's Permit Dec 1938

Independent Contractor-Injury Caused By Contractor Operating Vehicle Under Carrier's Permit

Indiana Law Journal

No abstract provided.


Torts - Recovery For Emotional Disturbance Unaccompanied By Physical Injury, Michigan Law Review Dec 1938

Torts - Recovery For Emotional Disturbance Unaccompanied By Physical Injury, Michigan Law Review

Michigan Law Review

Appellee brought an action in tort to recover damages for mental anguish suffered when appellant had an autopsy performed upon the body of her deceased husband. Appellant had been requested to perform the postmortem by decedent's employer, who was authorized under the state workmen's compensation act to require an autopsy. The act also provided that no autopsy should be held without notice first being given to the widow or next of kin and an opportunity given to have a representative present to witness the same. The only effect under the act of a failure to give notice was to render …