Workers' Compensation Law Commons^™

Workmen's Compensation--Causal Connection Between Employment Coronary Occlusion, Roy Edward Potter

Kentucky Law Journal

No abstract provided.

Domestic Relations--The Effect Of A Bigamous Marriage In A Workmen's Compensation Proceeding, Thomas Franklin Mccoy

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Thomas Richard Ralston

West Virginia Law Review

No abstract provided.

Agency -- 1961 Tennessee Survey (Ii), W. Harold Bigham

Vanderbilt Law Review

I. Employee and Independent Contractor Distinguished

During the abbreviated survey period there were no significant or momentous decisions by Tennessee courts--state or federal--involving agency principles. Indeed the only state appellate case properly to be considered here involved the rather pedestrian question of whether a petitioner for workmen's compensation benefits was, vis-a-vis the defendant prime contractor, an employee or an independent contractor.

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II. Misrepresentations of Agent

Butts v. Colonial Refrigerated Transportation, Inc. is merely another example of the Sixth Circuit's unfortunate proclivity for writing per curiam affirmances. It is well-nigh impossible to determine whether the liability of the defendant which …

Workmen's Compensation -- 1961 Tennessee Survey (Ii), J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Since the workmen's compensation statute was designed to provide benefits for an employee's work-connected injury or death, it necessarily follows that there must have been an employment relationship within the coverage of the statute and that the person or persons claiming the benefits must be within the class entitled to do so. The application of this basic premise, which on its face appears simple enough, was involved in three cases before the Tennessee Supreme Court during the survey period.

Bowling v. Whitley was a workmen's compensation suit brought by an employee against his immediate employer, a subcontractor, as well as …

Master And Servant--Fraud In The Inducement Of An Employment Contract--Effect Under Federal Employers' Liability Act, Herbert Stephenson Boreman Jr.

West Virginia Law Review

No abstract provided.

Workmen's Compensation And The Disabling Neurosis, Alexander R. Manson

Buffalo Law Review

No abstract provided.

Workermen's Compensation-Third-Party Actions-Employer's Recovery On An Implied Warranty, Philip Sotiroff

Michigan Law Review

Plaintiff seeks to recover the amount of a workmen's compensation award paid to his employee as a result of injuries received when an exhaust valve malfunctioned causing a press which the employee was operating to double-trip. Defendant, an independent parts supplier who had sold plaintiff the valve, moved to dismiss the complaint because of insufficiency of evidence to sustain the verdict and plaintiff's legal incapacity to sue. On appeal from an order denying the motion to dismiss, held, affirmed, one judge dissenting. Plaintiff has two independent causes of action, one against the manufacturer on an assigned negligence theory, and …

Workmen's Compensation--Heart Case After 1956 Amendment Requiring Traumatic Personal Injury, Lowell T. Hughes

Kentucky Law Journal

No abstract provided.

Workmen's Compensation And Heart Attacks, Richard W. Dunn

Cleveland State Law Review

The basis for granting and denial of compensation for heart attacks in the several states runs the gamut from common-sense reasoning to arbitrary adherence to rigid construction of the compensation statutes. To add to the difficulty as to the compensability of a heart attack injury, the courts must first resolve the question as to whether or not the injury or death was incurred in the course of employment. This issue in and of itself ofttimes poses questions that are sufficient to tax even the most adept legal minds. In cases involving heart attacks the courts are additionally burdened by having …

European View Of Heart Attack Compensation, Pieter J. Hoets

Cleveland State Law Review

This article gives a comparison of different European views on heart attack compensation. The author choose to analyze the views of Germany, The Netherlands, and France.

Ohio's Workmen's Compensation Law, Thomas P. Mcintyre

Cleveland State Law Review

In 1911, workmen's compensation originated in Ohio and it was called the "Employer's Liability Act" with the employers contributing 90% and the employees contributing 10%. The purpose of the act was to provide compensation for loss resulting from disability or death of a workman from industrial accidents or disease without regard to negligence and fault.

Heart Attack As Compensable Injury, Marvin D. Silver

Cleveland State Law Review

The original intention of the author was to propose the idea that a heart attack might be compensable as an occupational disease. However, after extensive research and deliberation, it appears evident that the universally accepted construction and interpretation of the term "occupational disease" is invulnerable to the inclusion therein of the heart attack incident.

Traumatic Cancer In Workmen's Compensation, James T. March

Cleveland State Law Review

It is difficult today to prove a relation between single trauma and cancer in workmen's compensation, except in isolated cases. The possibility now seems to exist, however, in view of numerous recent decisions, that more and more of these claims will be allowed in the near future, and that more awards of compensation will be sustained.

Workmen's Compensation--Rights Of Claimant Whose Injuries Were The Result Of "Horseplay", Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.

Workmen's Compensation -- 1961 Tennessee Survey, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Two bills amending the Workmen's Compensation Law' were enacted during the survey year. The first placed a limit of $12,500 on compensation payable for any permanent partial injury, not limited to those set forth in the schedule. It also added the following self-explanatory sentence to the first paragraph of section 50-1027, Tennessee Code Annotated: To receive benefits from the Second Injury Fund, the injured employee must be the employee of an employer who has properly insured his workmen's compensation liability or has qualified to operate under the Tennessee Workmen's Compensation Law as a self-insurer. The second amendment changed the definition …

Workmen's Compensation—Unemployment Insurance Law Liberally Construed To Further Legislative Intent, Roger V. Barth

Buffalo Law Review

Matter of Curatalo, 10 N.Y.2d 10, 217 N.Y.S.2d 18 (1961); Matter of Ferrara, 10 N.Y.2d 1, 217 N.YS.2d 11 (1961); Matter of Gilmartin, 10 N.Y.2d 16, 217 N.Y.S.2d 22 (1961); Matter of Wentworth, 10 N.Y.2d 13, 217 N.Y.S.2d 20 (1961).

Workmen's Compensation—Compensation Award For Death Caused By Emotional Stress, Edward Heller

Buffalo Law Review

Klimas v. Trans Caribbean Airways, Inc., 10 N.Y.2d 209, 219 N.Y.S.2d 14 (1961).

Workmen's Compensation—“Third-Party” Actions Limited To In-The-Course Of Employment Injuries—State Compensation Board's Jurisdiction Over Injuries Occurring In Interstate Commerce Employment Upheld, Donald P. Simet

Buffalo Law Review

Meachem v. New York Central Railroad Co., 8 N.Y.2d 293, 206 N.Y.S.2d 569 (1960).

Workmen's Compensation, Richard Cosway

Washington Law Review

Covers recent amendments to the Industrial Insurance Act.

Workmen's Compensation, Robert Debruyn

Washington Law Review

Covers cases on hearsay evidence—doctor's opinion.

Workmen's Compensation--Occupational Disease--Injurious Exposure, William E. Gary Iii

Kentucky Law Journal

No abstract provided.

Cardiac Victims And Workmen's Compensation, Thomas L. Jones

Kentucky Law Journal

No abstract provided.

The Kentucky Workmen's Compensation Act: Employee V. Independent Contractor, Richard W. Spears

Kentucky Law Journal

No abstract provided.

Processing A Workmen's Compensation Case, Herbert L. Segal

Kentucky Law Journal

No abstract provided.

Occupational Disease: Interpretation And Need For Statutory Revision Of The Illinois, Indiana And Kentucky General Definition, J. William Howerton

Kentucky Law Journal

No abstract provided.

Workmen's Compensation--Set-Offs And Deductions For Re-Employment-Abandonment Of The "Ditty" Rule, Marshall P. Eldred Jr.

Kentucky Law Journal

No abstract provided.

Workmen's Compensation--Award As A Proper Subject For Remittitur In An Action Against Third Parties, James William Sarver

West Virginia Law Review

No abstract provided.

Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep

Michigan Law Review

The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …

Unemployment Compensation - Labor Dispute Disqualification - Workers Unemployed By A Mult-Employer Lockout, James B. Blanchard S.Ed.

Michigan Law Review

Two unions of restaurant employees voted to strike the local restaurant industry in order to obtain a more favorable master contract with a restaurant owners' association. The unions executed this program by strategically calling strikes on only a few key restaurants. The association retaliated by notifying its members to lay off their employees in accordance with its previously announced policy to consider a called strike against one member a called strike against all members. The California Unemployment Insurance Appeals Board held that the union employees laid off in response to the association's notice were "voluntarily'' out of work and therefore …