Bulletin of the Department of Labor of the State of New York, Volumen18,Temas80-86 |
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Página 6
... term ... 55 View - points of .. 58 Negligence , law residual . 54 Liability law , when applicable ... Substitution of compensation for liability . Partial in scope .. Injuries arising out of and in course of employment . 50 54 58 102 ...
... term ... 55 View - points of .. 58 Negligence , law residual . 54 Liability law , when applicable ... Substitution of compensation for liability . Partial in scope .. Injuries arising out of and in course of employment . 50 54 58 102 ...
Página 24
... terms of general application , and section 114 , which is headed " Interstate Commerce , " is one of limitation , not of definition . Its obvious purpose was to guard against a construction violative of the Constitution of the United ...
... terms of general application , and section 114 , which is headed " Interstate Commerce , " is one of limitation , not of definition . Its obvious purpose was to guard against a construction violative of the Constitution of the United ...
Página 32
... term judge , to interfere with an act of the Legislature , Justice Crane in a lengthy opinion upheld the proposition that the compensation law cannot be compulsory upon employees without being unconstitutional . The opinion in full is ...
... term judge , to interfere with an act of the Legislature , Justice Crane in a lengthy opinion upheld the proposition that the compensation law cannot be compulsory upon employees without being unconstitutional . The opinion in full is ...
Página 36
... Term court interfering with this act of the legislature . If the plaintiff were the only one interested I should have no hesitancy in deciding that she might maintain this action , but she is not the only one interested . This act gives ...
... Term court interfering with this act of the legislature . If the plaintiff were the only one interested I should have no hesitancy in deciding that she might maintain this action , but she is not the only one interested . This act gives ...
Página 37
... term " risk " upon which the question at issue depends . If property insured against fire turns out to have been destroyed before or to have had no existence at the time the policy was written , clearly no risk ever attached , and the ...
... term " risk " upon which the question at issue depends . If property insured against fire turns out to have been destroyed before or to have had no existence at the time the policy was written , clearly no risk ever attached , and 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.