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Workers' Compensation Law Commons

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Articles 871 - 900 of 1235

Full-Text Articles in Workers' Compensation Law

Reopening Of Workmen's Compensation Claims--Enforcement Of Awards Pending Reopening Proceedings, John Frith Stewart Jan 1970

Reopening Of Workmen's Compensation Claims--Enforcement Of Awards Pending Reopening Proceedings, John Frith Stewart

Kentucky Law Journal

No abstract provided.


Disability--Kentucky Style, Alvin B. Trigg Jan 1970

Disability--Kentucky Style, Alvin B. Trigg

Kentucky Law Journal

No abstract provided.


Workmen’S Compensation: Third Party’S Action Over Against Employer, Arthur Larson Jan 1970

Workmen’S Compensation: Third Party’S Action Over Against Employer, Arthur Larson

Faculty Scholarship

No abstract provided.


Workmen's Compensation And The Scholarship Athlete, Sheldon Elliot Steinbach Jan 1970

Workmen's Compensation And The Scholarship Athlete, Sheldon Elliot Steinbach

Cleveland State Law Review

Workmen's Compensation law is a law of a remedial nature and is liberally construed in all states. In order to avoid the impact of Van Horn and Nemeth, the schools must eliminate any contractual relationship which provides for the rewarding or renewal of scholarship aid only so long as the student plays on the team. If this proviso is eliminated from scholarship awards, the athlete's participation can be characterized under the law as voluntary or merely gratuitous, thereby avoiding the effect of the Workmen's Compensation Act. Should institutions of higher education persist in retaining a contractual employment relationship with their …


Workmen's Compensation: Third Party Actions And The Apportionment Of Attorney's Fees, James B. Atleson Jan 1970

Workmen's Compensation: Third Party Actions And The Apportionment Of Attorney's Fees, James B. Atleson

Journal Articles

No abstract provided.


The Case For A Seagoing Workmen's Compensation Act, Parker B. Smith Jan 1970

The Case For A Seagoing Workmen's Compensation Act, Parker B. Smith

Vanderbilt Journal of Transnational Law

At the present time no comprehensive workmen's compensation statute exists to provide coverage for seamen injured in the course of their employment. The seaman's only existing remedies consist of an action for maintenance and cure, an action for breach of the shipowner's warranty of seaworthiness, and an action for negligence under the Jones Act. These remedies offer unsatisfactory protection to the seaman for several reasons. Under the existing remedies the seaman may be unable to obtain any recovery because the shipowner has the traditional right to "limit liability" to the seaman at the outset of the seaman's action for recovery. …


Dependency In Workmen's Compensation:Letting The Expectations And Conduct Of Affected Parties Play A More Significant Role, Clifford Davis Dec 1969

Dependency In Workmen's Compensation:Letting The Expectations And Conduct Of Affected Parties Play A More Significant Role, Clifford Davis

Vanderbilt Law Review

The death benefits provided by compensation legislation must satisfy two tests. First, the benefits should cover the net economic loss resulting from occupational death.' Second, those survivors who could have expected to benefit from future earnings ought to share appropriately in the sum total of the benefits provided. This article focuses primarily upon this second question. The inadequacy of available benefits, however, may require the exclusion as beneficiaries of some survivors with expectations of support in order more adequately to provide for others. Thus, inadequacy of total benefits will be considered when it is relevant to the determination of who …


Workman's Compensation--Judicial Review Feb 1969

Workman's Compensation--Judicial Review

West Virginia Law Review

No abstract provided.


Workmen's Compensation: Recovery Under The Positional Risk Doctrine For Personally Motivated Assaults, Steven E. Briggs Jan 1969

Workmen's Compensation: Recovery Under The Positional Risk Doctrine For Personally Motivated Assaults, Steven E. Briggs

San Diego Law Review

While performing duties for her employer, Lillian A. Schick was killed by her former husband. The employer manufactured tablepads and decedent’s job was to measure the tables of the retail outlet customers. Using an assumed name, Mrs. Schick’s former husband formulated and elaborate ruse whereby Mrs. Schick was sent to measure his table. Upon her arriving at his apartment he killed her and committed suicide. The referee of the Workmen’s Compensation Appeals Board issued a take nothing award, finding that injury and death did not arise out of the employment. On petition for reconsideration, the Workmen’s Compensation Appeals Board awarded …


Workmen's Compensation--"Exclusive Remedy" Clause--Third Part Indemnity Suit, Donald K. James Jan 1969

Workmen's Compensation--"Exclusive Remedy" Clause--Third Part Indemnity Suit, Donald K. James

Kentucky Law Journal

No abstract provided.


Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review Dec 1968

Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review

Michigan Law Review

Employment of the handicapped is clearly a proper concern of the state. Unemployed, such a person is a burden on his family and on the state; welfare and relief payments to such a person needlessly increase costs to both the state and local governments supporting such programs. Employed, the handicapped person is a self-supporting, stable member of the community; he becomes a taxpayer rather than a tax consumer. There are also important moral and social considerations which may be simply summarized stating that no person who is able to work should be needlessly denied employment. In short, any continued waste …


Workmen's Compensation Denied: A Reply, Harold Ticktin Jan 1968

Workmen's Compensation Denied: A Reply, Harold Ticktin

Cleveland State Law Review

A reader of the January 1968 Symposium on Workmen's Compensation in the Cleveland-Marshall Law Review would be badly misled if he took the titles of the two articles by Messrs. Krise and Keller at face value.' While purportedly about appeals and recommended changes in the Ohio Workmen's Compensation law, these articles are in fact attacks on attorneys who represent claimants in workmen's compensation controversies.


Appeals In Workmen's Compensation, M. Holland Krise Jan 1968

Appeals In Workmen's Compensation, M. Holland Krise

Cleveland State Law Review

There is a solution to the problem of appeals in the Ohio Workmen's Compensation Act. Permit the administrative officers who are well trained and have many years of experience to determine the facts and law with court appeals on questions of law only. Since Ohio is a State Fund operation, hearing officers probably should not be responsibleto the Bureau of Workmen's Compensation. This alliance could affect their judgment since they must defend the insurance fund against any claim which is, in their opinion, unlawful.


Workmen's Compensation Legislative Trends Throughout The Country, Alfred A. Porro Jr. Jan 1968

Workmen's Compensation Legislative Trends Throughout The Country, Alfred A. Porro Jr.

Cleveland State Law Review

Any attempt to comprehensively analyze the voluminous and detailed Workmen's Compensation and Industrial Employee legislation throughout the United States awakens one to the vast scope of ourmindustrial society. The magnitude of progress in this field dominates all other considerations of this survey, designed to show what aspects of these laws are in the throes of legislative revision, with emphasis on advances in vocational rehabilitation, coverage of public employees, and expansion of occupational disease classifications. This survey encompasses not only legislative revisions, repeals and amendments proposed or pending before State lawmakers, but attempts a preview of future activity.


Psychiatrist In Workmen's Compensation Field, Donald W. Loria Jan 1968

Psychiatrist In Workmen's Compensation Field, Donald W. Loria

Cleveland State Law Review

At one time, if a physician could find no objective evidence of disability, an employee usually lost his workmen's compensation case. If the x-ray and the electroencephalogram were negative, if no muscle spasm were present, if the diminished sensation to pinprick followed no anatomical pattern-if the doctors could find nothing in the examination to substantiate the employee's complaints of pain-the decision invariably found the employee was malingering. Compensation was denied. Toward the middle of this century, psychiatry began to offer some explanations.


Malone Re-Visited - Definition Of Injury Under The Ohio Workmen's Compensation Act, R. Brooke Alloway Jan 1968

Malone Re-Visited - Definition Of Injury Under The Ohio Workmen's Compensation Act, R. Brooke Alloway

Cleveland State Law Review

Since the adoption of Section 35 of Article II, Constitution of Ohio, the history of the meaning of "injury" has been subject to a tug-of war between the Legislature and the Supreme Court. Twice, in 1937 and in 1959, the Legislature has enacted amendments, both apparently with a view to liberalizing the scope of the term.


Editor's Preface To The Symposium, Nancy F. Halliday Jan 1968

Editor's Preface To The Symposium, Nancy F. Halliday

Cleveland State Law Review

It is intended that this symposium be beneficial not only to practicing attorneys dealing with specific problem areas of workmen's compensation, but also to workmen's compensation administrators and progressive state legislators in their efforts to improve the protection afforded both to labor and to industry.


Workmen's Compensation--"Arising Out Of" Requirement--Operating Premises, Glen S. Bagby Jan 1968

Workmen's Compensation--"Arising Out Of" Requirement--Operating Premises, Glen S. Bagby

Kentucky Law Journal

No abstract provided.


Expanding Employees' Remedies And Third Party Actions, Robert L. Millender Jan 1968

Expanding Employees' Remedies And Third Party Actions, Robert L. Millender

Cleveland State Law Review

The title of this article is perhaps somewhat misleading. Do third party actions expand employees remedies? Such actions arise out of provisions of our state and federal workmen's compensation laws granting an employer or his insurer the right to sue any person or persons who cause the injury to his employee. Also, third party actions arise under statutes granting the injured employee the right to sue the tort-feasor without loss of recourse against the employer. Third party actions do constitute an expanding remedy for the employer and his insurer; it is generally conceded that without a statutory provision the right …


Compensable Injury In Back Claims, John H. Small Jan 1968

Compensable Injury In Back Claims, John H. Small

Cleveland State Law Review

This article is the product of many years uncertainty and resulting unhappiness in advising clients, compensation insurers and their claims representatives-in their handling of back claims, and in the writer's own preparation and trial of such proceedings.No doubt this situation has been intensified by the fact that North Carolina is in the very small minority of jurisdictions limiting compensability by requiring an accident as a condition precedent, and yet recognizing this handicap, seeking exceptions where it could, to the accomplishment of justice at the cost of confusion.


Recommended Changes In Ohio Workmen's Compensation, Elmer A. Keller Jan 1968

Recommended Changes In Ohio Workmen's Compensation, Elmer A. Keller

Cleveland State Law Review

While events on the national and international scene have changed drastically in the past 5 years both as to our economy and our way of life, workmen's compensation benefits as they affect both of these matters have remained relatively static. Change is the order of the day. To keep pace with constantly changing conditions, it is just as necessary that we keep up and change our laws to meet the changing problems which are ever upon us. In a dissertation on such an all inclusive subject, it is not possible to elaborate in too much detail each suggested change and …


Horseplay By Employees, Howard L. Oleck Jan 1968

Horseplay By Employees, Howard L. Oleck

Cleveland State Law Review

A principal type of practical joke (horseplay) injury is that caused by workmen trying to lighten the dull routine of work by playful funmaking. This involves the well established liability of a master for the torts of his servant done in the course and scope of the employment. It also involves the well-known limitation on respondeat superior that results when an employee in effect abandons his employment by making a detour from his business route, or by engaging in "a frolic of his own." This body of law has been greatly limited and changed (but not totally abolished) by enactment …


Radiation Injury In Workmen's Compensation, Richard E. Hendricks Jan 1968

Radiation Injury In Workmen's Compensation, Richard E. Hendricks

Cleveland State Law Review

Whether because of expanded uses of the fruits of the nuclear age, or because of more insights into radiation caused diseases, in years to come more employees are likely to find themselves filing claims for workmen's compensation because of alleged radiation-caused diseases or illnesses. What are radiation diseases and injuries? Which occupations are likely to give rise to radiation exposure? Do present workmen's compensation laws provide coverage for such injuries and diseases, and to what extent? How is a claim processed? Can the present laws be improved, and what efforts are being made-or should be made-to im-prove them?


Aggravation Under Workmen's Compensation, Allyn D. Kendis, James D. Kendis Jan 1968

Aggravation Under Workmen's Compensation, Allyn D. Kendis, James D. Kendis

Cleveland State Law Review

Workmen's compensation has been defined as a system of social legislation providing compensation for loss resulting from the disablement or the death of workmen through industrial accident, casualty or disease. ... Recovery for an injury sustained in a workmen's compensation case is dependent upon the existence of all of the following six factors: (1) Jurisdiction of the subject matter; (2) Amenability of employer; (3) Proof of contract of employment; (4) Showing of a work related occurrence; (5) Sustaining of an injury as defined under the Workmen's Compensation Act; and (6) Proof of a causal relationship between the disabling condition and …


Processing A Workmen's Compensation Case In Ohio, James L. Young Jan 1968

Processing A Workmen's Compensation Case In Ohio, James L. Young

Cleveland State Law Review

The Workmen's Compensation system, which has been a part of Ohio law since May 31, 1911, represents a sharp departure in concept from the earlier methods of redressing work injuries. Under Workmen's,Compensation, neither the negligence of the employer nor that of, the employee plays any part in the determination of the employee's entitlement to the stated benefits. It is the fact of injury sustained in the course of and arising out of employment which is critical.


Workman's Compensation--Dual Capacity Doctrine, William Douglass Goodwin Apr 1967

Workman's Compensation--Dual Capacity Doctrine, William Douglass Goodwin

West Virginia Law Review

No abstract provided.


Mental Stress And Mental Injury In New York Workmen's Compensation, Peter J. Brevorka Apr 1967

Mental Stress And Mental Injury In New York Workmen's Compensation, Peter J. Brevorka

Buffalo Law Review

No abstract provided.


The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson Jan 1967

The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson

Michigan Law Review

It is one of the great tragedies of the workmen's compensation story that almost all courts, in their perfectly justifiable search for a legal barrier that would keep compensation heart liability from getting out of hand, have seized upon the wrong component in the coverage formula. The words "by accident" or their equivalent were pressed into service for this task, ·and they have proved to be a most ill-fitting tool for this function. If the courts had followed the more logical course of testing these cases by the causal principle prescribed by the words "arising out of the employment," there …


Jurisdiction In Longshoremen's Injuries, Richard E. Hendricks Jan 1967

Jurisdiction In Longshoremen's Injuries, Richard E. Hendricks

Cleveland State Law Review

The decision in Southern Pacific Co. v. Jensen that state law does not apply to injuries occurring on navigable waters, began a series of jurisdictional questions which continue today. This decision initially deprived some 300,000 longshoremen and harbor workers in dangerous occupations of a compensation remedy, but it paved the way for a federal statute providing them with compensation coverage. Longshoremen and harbor workers are today protected under state or federal law, depending on whether their injuries occur on land or "upon navigable waters." They may be eligible for coverage under both federal and state law.


The Heart Cases In Workmen’S Compensation: An Analysis And Suggested Solution, Arthur Larson Jan 1967

The Heart Cases In Workmen’S Compensation: An Analysis And Suggested Solution, Arthur Larson

Faculty Scholarship

No abstract provided.