Constitutionality and Construction of Workmen's Compensation LawsU.S. Government Printing Office, 1917 - 1 páginas |
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Página 163
... contract Status of benefit funds Police power .... Particular provisions of the law Injuries compensated ... 1 Accidents Occupational diseases Disfigurement . Accidental injury as proximate cause . Coverage ... Domestic and farm labor ...
... contract Status of benefit funds Police power .... Particular provisions of the law Injuries compensated ... 1 Accidents Occupational diseases Disfigurement . Accidental injury as proximate cause . Coverage ... Domestic and farm labor ...
Página 170
... contract was interfered with by it and due process of law denied , practically on the grounds adopted by the Supreme Court of New Jersey in the Sexton case above . Referring to the requirement to insure risks or show solvency , the ...
... contract was interfered with by it and due process of law denied , practically on the grounds adopted by the Supreme Court of New Jersey in the Sexton case above . Referring to the requirement to insure risks or show solvency , the ...
Página 171
... contract of waiver which would be binding both upon himself and upon all persons claiming under or through him . On rehearing , however , it was suggested that the mere fact of waiver would not be objectionable if free choice in making ...
... contract of waiver which would be binding both upon himself and upon all persons claiming under or through him . On rehearing , however , it was suggested that the mere fact of waiver would not be objectionable if free choice in making ...
Página 172
... contract relations with employers of the foregoing class to receive a given sum for such injuries as they might incur during employment . In this view the legislature would be author- ized to provide that if a workman was injured while ...
... contract relations with employers of the foregoing class to receive a given sum for such injuries as they might incur during employment . In this view the legislature would be author- ized to provide that if a workman was injured while ...
Página 174
... contract and of due process of law , could be waived , either expressly or by common consent or acquiescence . ( Hawkins v . Bleakley , 220 Fed . 378. ) LIABILITY WITHOUT FAULT . Perhaps the ground on which the New York court of appeals ...
... contract and of due process of law , could be waived , either expressly or by common consent or acquiescence . ( Hawkins v . Bleakley , 220 Fed . 378. ) LIABILITY WITHOUT FAULT . Perhaps the ground on which the New York court of appeals ...
Términos y frases comunes
action allowed amendment amount appellate division application award benefits California commission Carnegie Steel Co cause claim claimant commission of Ohio common law compensation commissioner compensation law Connecticut constitution construed contract corporation course of employment court held court of appeals Court of Massachusetts Court of Wisconsin court saying death deceased decision defenses dependent due process elective employed employee engaged exclude fund ground hazardous hernia Illinois industrial accident board Industrial Accident Commission industrial board industrial commission Iowa Jersey labor lead poisoning legislature liability loss ment Minnesota misconduct N. Y. Supp negligence occupational disease operation opinion original award partial disability payments pensation persons physician ployer police power premium process of law provision question railroad recovery rejected result ruling statute superintendent of insurance Supreme Court third party tion total disability trial by jury wages Washington West Virginia widow Wisconsin workman York York supreme court
Pasajes populares
Página 233 - It need not have been foreseen or expected, but after the event it must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a rational consequence.
Página 183 - This right of contract, however, is itself subject to certain limitations which the State may lawfully impose in the exercise of its police powers. While this power is inherent in all governments, it has doubtless been greatly expanded in its application during the past century, owing to an enormous increase in the number of occupations which are dangerous, or so far detrimental to the health of...
Página 187 - It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Página 166 - When our constitutions were adopted it was the law of the land that no man who was without fault or negligence could be held liable in damages for injuries sustained by another.
Página 187 - Nevertheless, notwithstanding the logical form of the objection, there are more powerful considerations on the other side. In the first place, it is established by a series of cases that an ulterior public advantage may justify a comparatively insignificant taking of private property for what, in its immediate purpose, is a private use.
Página 260 - A child or children under the age of eighteen years (or over said age, but physically or mentally incapacitated from earning) upon the parent with whom he is or they are living at the time of the death of such parent, there being no surviving dependent parent.
Página 268 - ... earning capacity in the employment in which he was working at the time of the accident...
Página 166 - Due process of law in each particular case means such an exertion of the powers of government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs.
Página 233 - The causative danger must be peculiar to the work, and not common to the neighborhood. It must be incidental to the character of the business, and not independent of the relation of master and servant.
Página 176 - The rules of law relating to contributory negligence and assumption of the risk and the effect of negligence by a fellow servant were established by the courts, not by the Constitution, and the Legislature may change them or do away with them altogether as defenses (as...