Constitutionality and Construction of Workmen's Compensation LawsU.S. Government Printing Office, 1917 - 1 páginas |
Dentro del libro
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Página 195
... determination , whether favorable or adverse to the claimant , is very generally followed by prompt re- covery . ( See pp . 249 and 250 , and footnote . ) What can hardly be looked upon as other than a border - line case is one in which ...
... determination , whether favorable or adverse to the claimant , is very generally followed by prompt re- covery . ( See pp . 249 and 250 , and footnote . ) What can hardly be looked upon as other than a border - line case is one in which ...
Página 207
... determination of the extent of the injury due directly to the accident as distin- guished from the subsequent malpractice . case . COVERAGE . Under this head are considered a number of rulings and decisions determining the application ...
... determination of the extent of the injury due directly to the accident as distin- guished from the subsequent malpractice . case . COVERAGE . Under this head are considered a number of rulings and decisions determining the application ...
Página 209
... determination . The Supreme Court of New York , appellate division , has had before it a number of cases involving the definition of the term " hazardous " under the act of that State . Thus ( Aylesworth v . Phoenix Cheese Co. , 155 ...
... determination . The Supreme Court of New York , appellate division , has had before it a number of cases involving the definition of the term " hazardous " under the act of that State . Thus ( Aylesworth v . Phoenix Cheese Co. , 155 ...
Página 211
... determination the rulings nec- essarily reflect an estimate as to the hazard , based in part on known facts as to frequency of accident and in part on conclusions reached from the particular circumstances . Thus in the Canal Zone the ...
... determination the rulings nec- essarily reflect an estimate as to the hazard , based in part on known facts as to frequency of accident and in part on conclusions reached from the particular circumstances . Thus in the Canal Zone the ...
Página 212
... determination . In any view , the matter resolves itself into this that a given occupation is hazardous , so that those engaged in it may properly expect provision to be made in their behalf ; or the risk is compara- tively slight , so ...
... determination . In any view , the matter resolves itself into this that a given occupation is hazardous , so that those engaged in it may properly expect provision to be made in their behalf ; or the risk is compara- tively slight , so ...
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...