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Workers' Compensation Law Commons

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Articles 1201 - 1230 of 1235

Full-Text Articles in Workers' Compensation Law

Malpractice Actions And Compensation Acts, Paul A. Leidy Mar 1931

Malpractice Actions And Compensation Acts, Paul A. Leidy

Michigan Law Review

S, an employee, is injured as the result of the negligence of his employer, M; S is taken for treatment to the office of X, a competent physician or surgeon selected by S or by M; on this particular occasion X is negligent and as a result of X's negligence S's two weeks' injury is aggravated and the period of disability becomes one of two months' duration. At common law, inasmuch as the original injury was one for which M was legally responsible, S could recover from M for the entire disability-that resulting directly from the original negligence of M …


Admiralty-Jurisdiction-Workmen's Compensation Mar 1931

Admiralty-Jurisdiction-Workmen's Compensation

Michigan Law Review

The question of what remedies should be available to maritime workers for injuries in the course of their employment has received much attention from the courts during the last fifteen years. This has resulted in some conflicts of the federal maritime jurisdiction with the jurisdiction of the states, and particularly' with the workmen's compensation acts enacted by them. The history of this situation was reviewed in 27 MICH. L. Rev. 191, December, 1928, in a note by G [errit] D [emmink]. In view of three decisions rendered last spring by the United States Supreme Court, it has seemed well to …


Master And Servant-Tests Of Independent Contract Feb 1931

Master And Servant-Tests Of Independent Contract

Michigan Law Review

The claimant was employed by a dairy company to sell and deliver milk along a defined route, his "payment being in the form of a commission on each bottle sold. He was required to make daily payments in cash for milk and cream sold, but had the privilege of returning unsold milk or cream at the end of each day. Horses and vehicles were hired from the company at a stated price per day. Claimant was injured by a fall from his wagon while making deliveries. The State Industrial Board held him to be a servant and awarded him workmen's …


Statutory Construction--Applicability Of Workmen's Compensation Act To Interstate Employees Engages In Intrastate Work At Time Of Injury, A. Bernard Sclove Dec 1930

Statutory Construction--Applicability Of Workmen's Compensation Act To Interstate Employees Engages In Intrastate Work At Time Of Injury, A. Bernard Sclove

West Virginia Law Review

No abstract provided.


Venue--Waiver Of Objection In Federal Courts Dec 1930

Venue--Waiver Of Objection In Federal Courts

Michigan Law Review

The plaintiff, a fireman for the defendant railroad, was injured by a defective "chafing-block" while engaged in switching cars onto a siding, in order to permit an interstate train to pass. The injury took place in West Virginia, where the plaintiff was a resident. The defendant was incorporated under the laws of Maryland. Suit was brought in the federal court of the northern district of Ohio. The plaintiff based his right to recover on the Federal Employers' Liability Act, 45 U. S. C. A. sec. 51-59, and the Federal Boiler Inspection Act, 45 U. S. C. A. sec. 22 et …


The Money Value Of A Man Dec 1930

The Money Value Of A Man

Michigan Law Review

A Review of THE MONEY VALUE OF A MAN By Louis I. Dublin and Alfred J. Lotka.


Workmen's Compensation-Injuries Arising Out Of Employment Dec 1930

Workmen's Compensation-Injuries Arising Out Of Employment

Indiana Law Journal

No abstract provided.


Parent And Child-Workmen's Compensation Claimed By Delinquent Child Jan 1930

Parent And Child-Workmen's Compensation Claimed By Delinquent Child

Indiana Law Journal

No abstract provided.


Recent Important Decisions May 1929

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Agency--Workmen's Compensation Act, Roscoe H. Pendleton Apr 1929

Agency--Workmen's Compensation Act, Roscoe H. Pendleton

West Virginia Law Review

No abstract provided.


Finality Of Appeal On Finds Of Fact Found By The State Compensation Commissioner, John D. Alderson Feb 1929

Finality Of Appeal On Finds Of Fact Found By The State Compensation Commissioner, John D. Alderson

West Virginia Law Review

No abstract provided.


Workmen's Compensation Act: Effect Of An Advisory Opinion Of Appellate Court Declaring An Act Unconstitutional, Bernard C. Gavit Nov 1928

Workmen's Compensation Act: Effect Of An Advisory Opinion Of Appellate Court Declaring An Act Unconstitutional, Bernard C. Gavit

Indiana Law Journal

No abstract provided.


"Lightning Cases" Under Workmen's Compensation Acts Jan 1928

"Lightning Cases" Under Workmen's Compensation Acts

Michigan Law Review

A farm hand, sent by his employer to work for a day at a neighbor's farm, was killed by lightning while returning home. At the time of the accident he was driving a team of horses, without a wagon, and was crossing a "high, rocky hill near a wire fence." An award under the Colorado Compensation Act was affirmed by the district court. On appeal from this affirmance, held, by a majority of the court, that "since Oakley's employment required him to be in a position where the lightning struck him, there was a causal relation between employment and …


Should Injury Or Death From Heat Stroke Be Compensable Under The Kentucky Workmen's Compensation Act?, J. W. Jones Jan 1928

Should Injury Or Death From Heat Stroke Be Compensable Under The Kentucky Workmen's Compensation Act?, J. W. Jones

Kentucky Law Journal

No abstract provided.


Conflict Of Laws-Claim Under Compensation Act-Suit In State Other Than That Of Injury Apr 1927

Conflict Of Laws-Claim Under Compensation Act-Suit In State Other Than That Of Injury

Michigan Law Review

Plaintiffs brought suit in the federal court for the southern district of Texas on grounds of diversity of citizenship under the Louisiana Employers Liability Act to recover for the death of their father who had been killed by falling from defendant's dredge upon which he was employed. The contract of employment was made, and the death occurred in Louisiana. The Act is of the "optional" type. It provides that the employer shall, upon the accidental death of an employee in the course of his employment, pay compensation to the employee's dependents. Payment is to be made at periodical intervals for …


Administrative Law-Evidence-Probative Value Of Hearsay Testimony Before Administrative Tribunals Jun 1926

Administrative Law-Evidence-Probative Value Of Hearsay Testimony Before Administrative Tribunals

Michigan Law Review

In the recent case of Lloyd-McAlpine Logging Co. v. Whitefish (Wis. 1926) 206 N. W. 914, the plaintiff brought action to vacate the award of the Industrial Commission in favor of the children of the deceased workman, who was killed in the course of his employment with the plaintiff company. Under the Wisconsin statute (Stat. 1925, sec. 102.11 (3) (c)) in awarding compensation to the children, a showing that they were living with the deceased and that there is no surviving dependent parent, is required. The Commission, on the testimony of a witness whose expressions were mere conclusions, with no …


Insurance-Liability Of Insurance Company For Negligence In Exercising Its Option To Settle Or Defend Dec 1925

Insurance-Liability Of Insurance Company For Negligence In Exercising Its Option To Settle Or Defend

Michigan Law Review

In a recent New Hampshire case, the plaintiff had insured with defendant company against liability for personal injuries to plaintiff's employees not exceeding $5,000.00. The policy under the title of "Service" provided that defendant would investigate all claims and settle them "according to the law". The defendant insurer also agreed to defend such suits as might be brought against plaintiff because of such injuries. One of plaintiff's employees was injured and though he offered to settle for $1,300.00, the defendant refused the offer. Thereupon the employee sued and recovered $13,500.00 in an action defended by defendant company according to their …


The Workmen's Compensation Act (Continued), Roy Mitchell Moreland Jan 1925

The Workmen's Compensation Act (Continued), Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


The General Development Of Workmen's Compensation Acts, Roy Mitchell Moreland Jan 1925

The General Development Of Workmen's Compensation Acts, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


Workmen's Compensation Acts--Occupational Diseases, Roy Mitchell Moreland Jan 1925

Workmen's Compensation Acts--Occupational Diseases, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


Recent Important Decisions Dec 1924

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Feb 1924

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


The General Development Of Workmen's Compensation Act, Roy Mitchell Moreland Jan 1924

The General Development Of Workmen's Compensation Act, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


Workmen's Compensation Acts--Nature Of Action Thereunder A Propos The Extraterritoriality Question Feb 1923

Workmen's Compensation Acts--Nature Of Action Thereunder A Propos The Extraterritoriality Question

Michigan Law Review

The nature of the right and duty created by Workmen's Compensation Acts has been the subject of considerable discussion by courts and writers, but still defies settlement. The United States district court in Kansas was called upon to decide this question in a recent case involving the application of the Kansas statute of limitations. The court held that an action under the Workmen's Compensation Act was not one entitling the plaintiff to claim the longer period which applied to "an action upon contract, express or implied." Davidson v. Payne, 281 Fed. 544. There is nothing in the nature or …


Recent Important Decisions, Michigan Law Review May 1922

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Assignments- Assignment of an Expectancy - Joseph and James were two of six children. A contract witnessed "that Joseph Snyder has sold to James Snyder one undivided sixth of the real estate owned by the mother, Susan Snyder; to secure said interest to James after her death, the mother unites in the conveyance of said interest The said Joseph warrants and defends the interest from all claims." The contract was signed by Joseph and by the mother. Held, Joseph had no estate which he could convey, and the contract, though made with the consent of the mother, was unenforceable either …


Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris Apr 1922

Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris

Michigan Law Review

The Basis of Relief from Penalties and Forfeitures - The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that …


Recent Important Decisions, Michigan Law Review Apr 1922

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …


Note And Comment, George E. Longstaff, George L. Clark, Edwin D. Dickinson Mar 1922

Note And Comment, George E. Longstaff, George L. Clark, Edwin D. Dickinson

Michigan Law Review

Constitutionality of the LA Follette Amendment to the Internal Revenue Law of 1921 - The United States Senate on November 5, 1921, inserted in the Revenue Act, then before the Senate, a provision that taxpayers in their income tax returns must specify what state and municipal bonds they hold, or else be subject to a penalty of five per cent. That provision was dropped out in conference, but it will come up again, and it is well to look at its constitutionality under the Fourth Amendment to the Constitution prohibiting unreasonable searches.


Interpretation Of The Word "Accidental" In Section 26 Of The Workmen's Compensation Act, G. E. O. Jun 1921

Interpretation Of The Word "Accidental" In Section 26 Of The Workmen's Compensation Act, G. E. O.

West Virginia Law Review

No abstract provided.


The Common-Law Right Of Subrogation Under Workmen's Compensation Acts, Thomas P. Hardman Apr 1920

The Common-Law Right Of Subrogation Under Workmen's Compensation Acts, Thomas P. Hardman

West Virginia Law Review

No abstract provided.