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accident accidental action affirmed amended amount Appellate Division apply Approved arising award benefit building carried cause chap chapter City claim claimant Commission common connection Constitution construction contract corporation course court Court of Appeals covered damages death deceased decision Department dependents determination disability duty effect election employed employment engaged entitled evidence fact factory fall findings finger floor follows fund give given ground hand hazardous employment held hundred Industrial Industrial Commission injured employee injury intended interstate July June Labor Legislature liability limit loss manufacture Matter means ment months negligence notice operation opinion paid party payment performed person plaintiff premium present question reason received relation remedy representative result reversed rule scaffold secure Senator statute subdivision sustained term third tion wages weeks wood Workmen's Compensation Law York
Página 94 - arises out of the employment, when there is apparent to the rational mind, upon consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed and the resulting injury. Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises...
Página 32 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law...
Página 197 - ... happening by chance; unexpectedly taking place; not according to the usual course of things; or not as expected;' that, if a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means ; but that if, in the act which precedes the injury, something unforeseen, unexpected, unusual occurs which produces the injury, then the injury has resulted through accidental means.
Página 219 - ... that the injury was caused by the negligence of a fellow servant or that the employee assumed the risk of his employment, or that the injury was due to the contributory negligence of the employee.
Página 313 - The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation.
Página 81 - It is sufficient to say that an injury is received ' in the course of ' the employment when it comes while the workman is doing the duty which he is employed to perform. It arises ' out of
Página 171 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Página 295 - ... except that if an employer fail to secure the payment of compensation for his injured employees and their dependents as provided in section fifty of this chapter, an injured employee, or his legal representative in case death results from the injury, may, at his option, elect to claim compensation under this chapter, or to maintain an action in the courts for damages on account of such injury...
Página 22 - The provisions of this act shall apply to employers and workmen engaged in intrastate and also in interstate or foreign commerce, for whom a rule of liability or method of compensation has been or may be established by the Congress of the United States...
Página 265 - The pecuniary liability of the employer for the treatment and other service herein required shall be limited to such charges as prevail in the same community for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured person.