Bulletin of the Department of Labor of the State of New York, Volumen18,Temas80-86 |
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Página 24
... legislature evidently intended to regulate , as far as it had the power , all employments within the state of the kinds enumerated . The earlier sections are in terms of general application , and section 114 , which is headed ...
... legislature evidently intended to regulate , as far as it had the power , all employments within the state of the kinds enumerated . The earlier sections are in terms of general application , and section 114 , which is headed ...
Página 25
... legislature pro- vided in the orderly way prescribed by the Constitution for the submission to the people of a proposed constitutional amendment and in due time that amendment was adopted on November 4th , 1913 , and became section 19 ...
... legislature pro- vided in the orderly way prescribed by the Constitution for the submission to the people of a proposed constitutional amendment and in due time that amendment was adopted on November 4th , 1913 , and became section 19 ...
Página 27
... legislature . No one doubts that the doctrine of assumption of risk and the fellow - servant doctrine , also developed by the courts under different conditions than those now prevailing , may be limited or entirely abrogated by the ...
... legislature . No one doubts that the doctrine of assumption of risk and the fellow - servant doctrine , also developed by the courts under different conditions than those now prevailing , may be limited or entirely abrogated by the ...
Página 28
... legislature . It is not open to the objections found to be fatal to the act considered in the Ives case . It is plainly justified by the amendment to our own State Con- stitution and the decisions of the United States Supreme Court ...
... legislature . It is not open to the objections found to be fatal to the act considered in the Ives case . It is plainly justified by the amendment to our own State Con- stitution and the decisions of the United States Supreme Court ...
Página 30
... legislature . All in the same case are treated alike . Employers in the situation of the appellant are subjected to two remedies now , precisely as they were before the passage of the act . A new remedy has been substituted for the ...
... legislature . All in the same case are treated alike . Employers in the situation of the appellant are subjected to two remedies now , precisely as they were before the passage of the act . A new remedy has been substituted for the ...
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accident accidental injuries affirmed amended Appellate Division apply Approved arising Assm average weekly wages award benefit Bulletin cause of action chap chapter claim claimant commissioner common law Compensation Act Compensation Law Consol concurred Constitution construction contract corporation course Court of Appeals damages death deceased decision delirium tremens dependents disability duty election employed engaged entitled evidence fact factory finger floor follows hazardous employment hood Industrial Commission injured employee injuries sustained insurance carrier insurance fund interstate commerce July June June 30 Labor Law laws of nineteen Legislature loss manufacture ment Misc negligence nineteen hundred operation opinion Paris green payment pensation phalange plaintiff premium purpose question railroad railway received remedy result Rheinwald rule scaffold Scheele's green Senator Southern Pacific Co SPECIAL BULLETIN statute subd subdivision third party tion wagon weeks wood alcohol workman Workmen's Compensation Law York City
Pasajes populares
Página 96 - 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 34 - 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 199 - ... 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 221 - ... 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 315 - 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 83 - 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 173 - ... 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 297 - ... 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 24 - 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 267 - 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.