Workers' Compensation Law Commons^™

Workmens' Compensation—Requirements For Subrogation Under Section 29 Of The Workmen's Compensation Law, Buffalo Law Review

Buffalo Law Review

Juba v. General Builders Supply Corp., 7 N.Y.2d 48, 194 N.Y.S.2d 503 (1959).

Workmens' Compensation—Effect Of Common Law Recovery Against Employer On Employee's Claim For Workmen's Compensation, Buffalo Law Review

Buffalo Law Review

Martin v. C. A. Production Corp, 8 N.Y.2d 226, 203 N.Y.S.2d 845 (1960).

Workmens' Compensation—"In Employment" Under Disability Benefits Law, Buffalo Law Review

Buffalo Law Review

Flo v. General Electric Co., 7 N.Y.2d 96, 195 N.YS.2d 652 (1959).

Workmens' Compensation—Special Fund For Reopened Cases Not Liable For Reopened Workmen's Compensation Award, Buffalo Law Review

Buffalo Law Review

Weyzk v. Town of Stafford, 7 N.Y.2d 121, 195 N.Y.S.2d 841 (1959).

Workmens' Compensation—Extent Of Compensation Carrier's Lien On Employee's Third Party Action Recovery, Buffalo Law Review

Buffalo Law Review

In re Campanelil's Estate, 8 N.Y.2d 173, 203 N.Y.S.2d 80 (1960).

Labor Law And Workmen's Compensation -- 1960 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Labor law is concerned with the rules governing the various phases of the employment relation and the activities of employers and labor organizations vis-a-vis such phases. Sometimes such rules are embodied in criminal law or tort law. If the substance of the alleged crime or tort is not directed toward or used in some respects as a regulation of employment or labor relations, it is excluded by the above definition even though some "labor" aspect is prominently identified with the case. For example, during the survey period the Supreme Court of Tennessee decided the case of Smith v. State, affirming …

Workmen's Compensation, Donald A. Eide

Washington Law Review

Covers cases on employees for the short term.

A Brief Survey Of The West Virginia Law Of Compensability, William Dean De La Mater

West Virginia Law Review

No abstract provided.

Remaining Tort Liability Of Employers And Third Parties Under Workmen's Compensation Statutes, Ben F. Loeb, Jr.

Vanderbilt Law Review

Workmen's compensation is a mechanism designed to provide cash benefits to employees to recompense for loss of wages due to injuries sustained in work-connected activities. Theoretically, the cost of the program is charged to the consumer by increasing the price of goods and services sold to the public. An employee, covered by a compensation act, is entitled to payments if he is injured by an accident arising out of and in the course of his employment; and the fact that such employee was at fault or guilty of negligence himself is normally of no consequence.

Compensation benefits, in contrast to …

Workmen's Compensation--Co-Employees Lability For Personal Injury To Fellow Worker, W. E. M.

West Virginia Law Review

No abstract provided.

Workmen's Compensation - Proceedings To Secure Compensation - Allowance Of Attorney's Fees To Claimants Unsuccessful On Appeal, Clayton R. Smalley

Michigan Law Review

Employee claimed total permanent disability as a result of an industrial accident, but was awarded compensation for only a twenty percent permanent disability. Claimant was denied certiorari by the Florida District Court of Appeals. However, claimant's request for an allowance of reasonable attorney's fees for the unsuccessful appeal was granted. Claimant's employer was then granted certiorari on its contention that the Florida workmen's compensation statute and a past Florida Supreme Court decision had established that attorney's fees would be allowed only when the claimant's appeal was successful. On certiorari, held, award of attorney's fees affirmed. The statute allows an …

Grade Or Class Provision As A Basis For Disqualification For Unemployment Compensation - Bethlehem Steel Co. V. Board, Frank J. Vecella

Maryland Law Review

No abstract provided.

Administrative Law - Workmen's Compensation Proceedings - Use Of Lay Representatives, Stanley A. Williams S.Ed.

Michigan Law Review

The West Virginia Bar Association sued to enjoin the defendant, a layman, from representing claimants before the State Compensation Commission. Lay representation was authorized by the commission under its power to make rules of procedure. The injunction was granted by the circuit court. On appeal, held, affirmed. Neither the legislature nor the commission can authorize a layman to represent claimants before an administrative agency, since this would encroach upon the judiciary's inherent power to control the practice of law. West Virginia State Bar v. Earley, (W. Va. 1959) 109 S.E. (2d) 420.

An Analysis Of The 1960 Amendments To The Kentucky Workmen's Compensation Law, Herbert L. Segal

Kentucky Law Journal

No abstract provided.

Workmen's Compensation--Employee--Independent Contractor, John C. Darsie Jr.

Kentucky Law Journal

No abstract provided.

The Kentucky Occupational Disease Act: Nature And Conditions Of Employment, Leslie D. Aberson

Kentucky Law Journal

No abstract provided.

Foreword, Joseph O'Meara

Journal Articles

Power to bring the nation's economy to a virtual standstill cannot be immune from legal accountability. That such power is lodged in some, at least, of the great national and international labor unions has been demonstrated repeatedly, most recently by the United Steelworkers. One can be wholly sympathetic with labor's aspirations and still reject the notion that the nation's economic health and safety should be dependent upon unilateral decisions by a group of private individuals—union members and their leaders—decisions taken for their own ends, however legitimate. So vast a power—terrifying in its potentialities—must be brought under reasonable legal controls.

The …

Workmen's Compensation - Occupational Diseases - Radiation Injury Amendment, Vance A. Fisher S.Ed.

Michigan Law Review

The Kansas Workmen's Compensation Act has recently been amended to take more complete account of the complex nature of injuries which might arise through the increased use of radioactive materials and ionizing radiation. The effect of the amendment is twofold. First, it makes more inclusive the definition of radiation injury as an occupational disease by treating "exposure to ionizing radiation" as a cause of compensable injury. Second, it removes all time limitation periods with regard to the giving of notice and the filing of claims and extends the general limitation period from one year from the date of disablement or …

Labor Law And Workmen's Compensation--1959 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

What is the meaning of the term "actual cash value" in the standard fire policy? The middle section of the court of appeals, following a prior Tennessee case and the weight of authority, held that the phrase is synonomous with "market value" only where the goods are readily replaceable in a current market. Where there is no market, or where the market value is inadequate to properly indemnify the insured, "actual cash value" means the "'value to the owner' or the loss he suffers in being deprived of the goods." Since the goods involved in this case were personal effects, …

Workmen's Compensation, Toni Rembe

Washington Law Review

Covers cases on horseplay during the course of employment.

Admiralty- "Twilight Zone" In Workmen's Compensation - Pursuit Of State Common Law Action Against Employer, James S. Leigh

Michigan Law Review

Petitioner was injured on his employer's barge moored in navigable waters while assisting in a loading operation. The employer was insured solely under the Federal Longshoremen's and Harbor Workers' Act. Instead of pursuing the remedy available under the federal act, petitioner brought the common law action authorized by state workmen's compensation legislation in the state courts. The Oregon Supreme Court affirmed judgment for the employer on the ground that the injury was covered exclusively by the federal act. On certiorari to the United States Supreme Court, held, reversed per curiam, two justices dissenting. The injury was incurred within the …

Assault In Workmen's Compensation Cases, J. S. T.

West Virginia Law Review

No abstract provided.

Workmen's Compensation--Injury Arising Out Of And In The Course Of Employment, T. J. W.

West Virginia Law Review

No abstract provided.

Admiralty - Warranty Of Seaworthiness - Longshoreman's Choice Of Remedies, Richard E. Young

Michigan Law Review

Plaintiff, employee of a stevedoring company hired to unload defendant's ship, was injured while operating a defective chisel truck in the ship's hold. The truck belonged to and was operated, maintained and brought aboard by the stevedoring company, the ship having no similar equipment. Furthermore, the stevedoring company was assumed to be aware of the defect prior to the accident. Plaintiff brought suit for damages against the shipowner alleging unseaworthiness, and the shipowner impleaded the stevedoring company as a third-party defendant. On motion by the defendants for summary judgment, held, motion denied. The shipowner is liable on an absolute …

Admiralty - Death On The High Seas Act - Effect On Workmen's Compensation Recoveries, Thomas E. Kauper S.Ed.

Michigan Law Review

Decedent, aboard an airliner in his capacity as flight service supervisor, was killed when the plane crashed into the Pacific. Respondent airlines, decedent's employer, filed an application with the California Industrial Accident Commission to determine its liability under the California Workmen's Compensation Act. The commission awarded decedent's widow a death benefit despite the widow's objection to the commission's jurisdiction. Prior to the award the widow as administratrix of decedent's estate initiated this action under the Death on the High Seas Act (DHSA) in admiralty. On motion for summary judgment in respondent's favor, held, motion granted. DHSA is applicable to …

Atoms And The Law, E. Blythe Stason, Samuel D. Estep, William J. Pierce

Books

Early in 1951 a group of interested members of the faculty of The University of Michigan Law School conceived the idea of a research project, the purpose of which would be to investigate the principal unique legal problems being created and likely to be created in the future by peaceful uses of atomic energy. The group planned the preparation and publication of a series of manuscripts which might ultimately emerge as one or more printed volumes dealing with the legal problems affecting this new form of energy. Many phases of the subject were scrutinized, including the rule-making and licensing powers …

Forum Non Conveniens Applied To Suit Under Fela, Peter L. Curtis

Buffalo Law Review

Cotton v. Louisville and Nashville R. Co., 14 Ill.2d 144, 152 N.E.2d 385 (1958).

Traumatic Personal Injury: A Discussion Of The 1956 Amendment To The Kentucky Workmen's Compensation Act, H. Wendell Cherry

Kentucky Law Journal

No abstract provided.

The Michigan Supreme Court - An Analysis Of Recent Decisions, Frederic F. Brace Jr., James A. Park

Michigan Law Review

It is the purpose of this comment to attempt to determine and evaluate just what the court's role has been. Attention will be directed to selected areas of non-statutory and statutory law, with specific emphasis placed upon the areas of contributory negligence and workmen's compensation.

Recreational Injuries And Workmen's Compensation: Infusion Of Common-Law, Agency-Tort Concepts

Indiana Law Journal

No abstract provided.