§ 354.

RIGHT OF ACTION AGAINST THIRD PERSON.
354-Recovery under original compensation act did not bar recovery from

third person. Fox et al. v. Dallas Hotel Co. (Tex.)....
354-Evidence of compensation for injury incompetent in action against
stranger. Hardy v. Muensch.-Same v. Hoagland (Ky.).
354-Injured employee settling with third party held not entitled to com-
pensation. Canode v. Claypool & Sheeler et al. (Okla.)
354-Compensated employee may not sue third person causing injury.-

Employee not precluded from suing third person for injury until
he collects compensation from employer. Mitchell V. Usilton
(Tenn.)

§ 355. -RIGHT OF ACTION BY EMPLOYEE'S PARENTS.
355-Workmen's Compensation Act held to abrogate parent's right of ac-
tion for loss of child's services. Wall v. Studebaker Corporation
(Mich.)

§ 356.

.........

COMMON-LAW DEFENSES ABOLISHED.
356-Instruction on assumed risk was error where employer was within
Compensation Act but had not taken advantage of it. Central
Consumers' Co. v. Lamberg (Ky.)..
356-Common-law defenses not available to employer not insured under
Compensation Act. Kukuraitis v. American Can Co. of Massachu-
setts (Mass.)
356-Assumption of risk defense in common-law action against employer
accepting Compensation Act. Olgiati v. New England Box Co.
(N. H.)

§ 357.

$358.

316

562

623

633

594

422

576

603

PERSONS ENTITLED TO ELECT,
357-Election under Compensation Act may be made by dependents of "em-
ployee." City of Grand Rapids v. Crocker et al. (Mich.)......... 577
FORM AND REQUISITES OF ELECTION (INCLUDING IM-
PLIED ELECTION).
358-Compensation law rejected by noninsuring employer. Richardson v.
Farmers' Co-operative Union (S. D.)
358-Signature of acceptance of compensation act held sufficient. W. J.
Fell Co. v. Elswick (Ky.)..
358-Master's noncompliance with Oklahoma compensation law held not
shown. Osagera v. Schaff (Mo.)..

117

219

266

358 Presumption of election under Louisiana compensation act does not
arise before parent of minor employee had time to elect.-Election
provisions of Louisiana compensation act held inapplicable.-Elec-
tion not to take under compensation act manifested by action for
damages. Standard Oil Co. of Louisiana v. Parham (U. S.)....... 173
TIME OF ELECTION.

§ 359.

360.

§ 361.

RELATION OF PARTIES, AND PERSONS AND EMPLOYMENTS
WITHIN STATUTE.

IN GENERAL.

361-Compensation law not applicable to all labor.-Caring for properties
owned by person engaged in other business held not "regular busi-
ness or occupation" within compensation law. -Employee repairing
buildings of person engaged in other business not within compen-
sation law. Kaplan v. Gaskill (Neb.)
361-Compensation claimant held engaged in hazardous employment. Ok-
mulgee Democrat Pub. Co. v. State Industrial Commission of Okla-
homa et al. (Okla.)

361-Employer may conduct department not within compensation act.-
Employer within compensation act defined. Southwestern Grocery
Co. v. State Industrial Commission et al. (Okla.)..
361-Method of paying no wages bar to compensation. Farrin v. State
Industrial Acc. Commission (Ore.)

361-Corporate director and general manager in charge of gin held an "em-

ployee" protected by compensation act. Cook v. Millers' Indemnity
Underwriters (Tex.)

56

75

79

84

316

197

244

361-Workmen in employer's business held "Persons Employed" in "Em-
ployment" within compensation law defining "Employee." Shock-
ley v. King (Del.)
361-Employee held in Master's employ at time of accident. Prevost v.
Gheens Realty Co. (La.)
361-Compensation held not allowable to corporate officer for injuries.
Weiss v. Baker-Weiss Packing Box Co. et al. (N. Y.)..
361-Compensation insurance held to cover injury to moving picture thea-
tre employee repairing garage: "Employee." Asociated Theaters,
Inc., et al. v. Industrial Accident Commission et al. (Cal.)
..... 188
361-Partner injured in partnership business held entitled to compensa-
tion as "employee." Ohio Drilling Co. et al. v. State Indus. Comm.
et al. (Okla.)

481

361-Compensation award held unwarranted.-Compensation payable only where claimant is an employee. Hogan et al. v. State Industrial Commission et al. (Okla.) 361-Commission bound to deny compensation on finding employer had only two employees. Hardman v. Industrial Commission et al. (Utah) 533 361-Scavenger in logging camp not engaged in hazardous occupation of "logging and lumbering" within act allowing compensation for injuries. Dewey v. Lutcher-Moore Lumber Co. (La.).

362-Employment of plumber held "casual" within compensation law. Petrow & Giannou et al. v. Shewan (Neb.).. 362-Employment held not "casual" within workmen's compensation law. Kaplan v. Gaskill (Neb.)

363-Sheep herder held an "agricultual laborer" not entitled to compensation for injuries. Davis v. Industrial Commission of Utah et al. (Utah) 363-Sawmill worker held engaged in "Hazardous occupation" and not in "Farming" within compensation act. Farrin V. State Industrial Acc. Commission (Ore.)

364-Mail clerk entitled to compensation for injuries under Compensation Act. Dahn v. Davis, Agent, etc. (U. S.)....

§ 365.

EMPLOYEES ENGAGED IN INTERSTATE COMMERCE. 365-Liability act inapplicable to interstate carrier though employer engaged in interstate work. Salvaggio et al. v. Illinois Cent. R. C. (La.) 365-Workman repairing chisel for work on engine temporarily withdrawn from service engaged in "intrastate commerce" within compensation act. Denver & R. G. W. R. Co. v. Industrial Commission of Utah (Utah) 365-Repair work on stationary engine of plant of company producing and transporting gas held part of its "interstate business."-Compensation act held inapplicable to employee engaged in interstate business. Smith v. United Fuel Gas Co. (W. Va.) 365-Injury to employee of contractor doing maintenance work for interstate carriers not compensabe under Industrial Insurance Law. Arneson v. Grant Smith & Co. (Wash).) 365 Steamboat employee held engaged in "interstate commerce" excepted from compensation act. Massengale v. Tennessee River Nav. Co. (Tenn.)

§366.

MINORS.

433

51

.56

141

84

3

247

342

360

349

295

521

366-Master liable for injuries to illegally employed minor, though not in line of duty. Bridgeport Brick & Tile Co. v. Erwin (Tex.).. .521 366-Minor illegally employed not an "employee" within Employers' Liability Act. Bridgeport Brick & Tile Co. v. Erwin (Tex.).. 366-Compensation Act held applicaple, notwithstanding change of minor from safe to dangerous work without parents' knowledge.-Compensation Act held applicable, notwithstanding parents' request not to permit son to do certain work. Garcia et ux. v. Salmen Brick & Lumber Co. (La.) 366-Minor unlawfully employed held not an "employee" within Compensation Law. Grand Rapids Trust Co. V. Petersen Beverage Co. (Mich.)

§ 367.

INDEPENDENT CONTRACTORS AND THEIR EMPLOYEES. 367-"Independent contractor" defined.-Plumber held an "independent contractor" and not an employee within compensation law.-Directions to workman not inconsistent with status as "independent contractor." Petrow & Giannou et al. v. Shewan (Neb.) 367-Truck owner hauling milk for dairyman held "independent contractor." not "servant" or "employee" within Compensation Act. Hall v. Industrial Acc. Commission et al. (Cal.).. 367-Corporate manager held not an independent contractor. Cook v. Millers' Indemnity Underwriters (Tex.) 367--Piece laborers logging held "employees" within Compensation Act, and not independent contractors. Bell v. Albert Hanson Lumber Co., Ltd. (La.) 367-Wood cutter held an independent contractor, and not an "employee" within Compensation Act. Gross v. Michigan Iron & Chemical Co. et al. (Mich.) 367-Carpenter making repairs held an "independent contractor," not an "employee," within Compensation Law. Ball v. Bertelle's Estate (N. Y.)

367-Employee of contractor repairing building held not "employee" of
owner, within Compensation Law. Bache v. Salvation Army et al.
(N. Y.)
367-Workman surfacing floors with own machine held an independent
contractor and not an "employee" within Compensation Act.
Western Indemnity Co. v. Shannon et al. (Tex.)..
367-Brick mason held contractor's "employee" within Compensation Act,
and not independent contractor. Jensen v. Industrial Accident
Commission of California et al. (Cal.)..

$368.

CONTRACTS OF EMPLOYMENT
FORMED IN FOREIGN STATE.

MADE OR TO BE PER-

§ 369. INJURIES OCCURRING IN FOREIGN STATE.
369-Compensation recoverable for injuries in service without state. Huls-
wit et al. v. Escanaba Mfg. Co. (Mich.)
369-Action on Kansas Compensation Act not maintainable in Missouri.
Harbis v. Cudahy Packing Co. (Mo.)

.....

§ 370. INJURIES ARISING OUT OF OR IN COURSE OF EMPLOYMENT.
§ 371.
IN GENERAL.

611

637

542

261

462

38

417

371-Compensable injuries must arise out of employment. Baltimore Dry
Docks & Shipbuilding Co. et al. v. Webster (Md.)...
371-Compensable injury defined. Kraft v. West Hotel Co. (Iowa)
371-Injuries to be compensable must "arise out of employment" and in
course of employment. Christensen v. Hauff Bros. et al. (Iowa).... 410
371-Injury "arising out of employment," within Compensation Act, de-
fined.-Accident "in course of employment," within Compensation
Act, defined. Chicago, Wilmington & Franklin Coal Co. v. Indus-
trial Commission et al. (Ill.)

(1).

371(1) Cause of injury held for jury. Central Consumers' Co. v. Lam-
berg (Ky.)

379

422

373-

-Injury by fall compensable though vertigo or epileptic fit contrib-
uted. Baltimore Dry Docks & Shipbuilding Co. et al. v. Webster
(Md.)

373-Occupational disease not compensable as "accident."

38

Iwanicki v.

94

106

73

233

275

State Ind. Acc. Commission (Ore.)
373-Injury by coemployees after working hours held not compensable as
Occurring while "actually" engaged in employee's business. Ma-
guire v. James Lees & Sons Co. (Pa.)
373-Injuries in assault by fellow workmen held "arising out of and in
the course of employment." Georgia Casualty Co. v. McClure (Tex.) 120
373-Injury by inhaling gas "accident" within compensation act. Tintic
Milling Co. et al. v. Industrial Commission of Utah (Utah)...
145
373-Injury to employee from folly of customer igniting gasoline held
"arising out of and in the course of employment." Frear et al. v.
Ells et al. (N. Y.)
373-Injury to foreman assaulted by discharged workman held compen-
sable as "arising out of and in course of employment." Guderian
V. Sterling Sugar & Ry. Co., Ltd. (La.).
373-Assault and robbery held compensable as injury by "accident arising
out of employment;" "employment." Rosmuth v. American Ra-
diator Co. et. al. (N. Y.)..
373-Disability aggravated by negligence of employer's physician com-
pensable injury within compensation act. Brown v. Sinclair Refin-
ing Co. (Okla.)
373-Fall from bicycle held "accident" and not "willful misconduct' with-
in compensation act. Carvey v. W. D. Young & Co. et al. (Mich.) 257
373--Occupational disease not compensable as "injuries" from accident
Lough v. State Industrial Accident Cmmission (Ore.)..
499
373-Injury by robbery compensable as "arising out of employment."
Industrial Commission of Colorado et al. v. Pueblo Auto Co. et al.
(Colo.)
373-Injury from fall through pain in leg held compensable as "arising
out of employment." Webber's Case (Me.)
373-Injury from too long continuance at task not compensable as "ac-
cident." Young v. Melrose Granite Co. (Minn.).
373-Injury by bomb exploding in the street held compensable. Roberts
v. J. F. Newcomb & Co. et al. (N. Y.)

.......

374-Death by disease compensable if traced to accident. Ballou's Case

(Me.)

35

(17)

375(1)-Injury while descending rope intended for other use held not "com-
pensable as arising out of and in the course of employment." De
Costa's Case (Mass.)
375(1) Injury to mine trapper driving during noon hour, held "arising
in course of employment," within Compensation Act.-Compensation
not barred by customary violation of rules with employer's knowl-
edge. Chicago, Wilmington & Franklin Coal Co. V. Industrial
Commission et al. (Ill.)
375(1)-Injury before hours of service held compensable as "arsiing out
of and in the course of employment." Carlin v. Coxe Bros. & Co.
Inc. (Pa.)
375(1)-Injury to chambermaid off duty held not compensable as "arising
out of and in the course of employment." Kraft v. West Hotel
Co. (Iowa)

375(1) Death of hardware business manager boarding moving train did
not "arise out of employment," and therefore not compensable.
Christensen v. Hauff Bros. et al. (Iowa)
375(1) Employee going in workroom to change his clothes and not to
sleep is in "course of employment," within Compensation Law.
State Treasurer v. Cohen et al. (N. Y.)..
375(1) Injury to employee violating rules not compensable, because not
arising in "course of employment." Hamberg V. Flower City
Specialty Co. et al. (N. Y.)

375(1) Compensation claimant's negligence while on mission for em-
ployer held not to place him outside scope of employment.-Acci-
dent to compensation claimant riding on truck held one "arising
out of employment," within Liability Act.-Compensation claim-
ant's failure to obey instructions held not to defeat recovery.
Sears v. Peytral (La.)

(2). Injury received while going to or from work.
375(2)-Employee going home from work to lodging house on employer's
premises held within liability act; "arsing out of and incidental
to employment. Prevost v. Gheens Realty Co. (La.).
375(2)-Injury while going to work held one "arising out of or in course

of employment" within compensation act. Cudahy Packing Co. of
Neb. v. Industrial Commission of Utah et al. (Utah)..
375(2)-Injury on way to work held not within Compensation Law. Scan-
lon v. Herald Co. et al. (N. Y.)..

45

379

508

417

410

623

616

566

244

335

469

Keller v. Industrial

19

Commission et al. (Ill.)
376(2)-Disability from disease caused or accelerated by accident compen-
sable. Tintic Milling Co. et al. v. Industrial Commision of Utah
(Utah)

145

257

296

395

36(2)-Disease predisposing to disability held not to disprove accident.
Carvey v. W. D. Young & Co. et al. (Mich.).
376(2) Compensation allowable for death concurrently caused by injury
and disease. Millers' Indemnity Underwiters V. Schreiber et al.
(Tex.)
376(2)-Insanity from cerebral hemorrhage held compensable as "acci-
dental injury." W. A. Jones Foundry & Machine Co. v. Indus-
trial Commission et al. (Ill.)..
376(2)-Injury aggravating pre-existing disease compensable. Spring-
field Dist. Coal Mining Co. v. Industrial Commission et al. (Ill.)... 389
376(2)-Compensation recoverable for death from disease aggravated by in-
jury. Springfield Dist. Coal Mining Co. v. Industrial Commission
et al. (Ill.)
376(2)-Injury, aggravating chronic appendicitis, is an accident, within
Compensation Act. Fritz v. Rudy Furnace Co. et al. (Mich.)..
376(2)-Employee compensated for total disability, though injury merely
aggravated prior disease. Bongialatte V. H. Wales Lines Co.
(Conn.)

§ 380.

380-Fall

WILLFUL MISCONDUCT OF EMPLOYEE IN GENERAL.
from bicycle held "accident" and not "willful misconduct"
within compensation act. Carvey v. W. D. Young & Co. et al.

(Mich.)

257

(18)

380-Compensation claimant held not guilty of deliberate indifference to
danger. Shockley v. King (Del.)..
380-Compensation claimant's failure to sit on boxes on truck held not de-
liberate failure to use guard or protection against accident."
v. Peytral (La.)

....

197

Sears

566

382-Compensation for injuries barred by settlement.

nett et al. (Neb.)

225

450

382-Settlement of compensation claim without court's approval not bind-
ing. Craft v. Gulf Lumber Co. (La.)..
382-Settlement with compensation claimant ineffective, without approval
by Board. Fritz v. Dudy Furnace Co. et al. (Mich.)..
382-Compensation settlement may be avoided for mistake.
Fowler Packing Co. (Kan.)

385(1) Compensation properly awarded, though disability Ford v. Fortuna Oil Co. (La.)..

385 (1)

may

cease.

228

Win

544

Compensation for injuries held computed on correct basis.
gard v. Industrial Acc. Commission et al. (Cal.).

385 (7-Injury to leg fractured below knee held compensable as total disability. Berskis v. Lehigh Valley Coal Co. (Pa.)..

385 (11)-Loss of earning capacity from compensable injury not deterSweeney v. Black River Lummined by loss of physical powers.

102

241

Compensation for partial permanent disability approved.
son v. Commonwealth Oil & Refining Co. et al. (Kan.).
Refining
Compensation should be for period of disability not exceeding
Daniels v. Shreveport Producing &

Ander

213

429

(114).

385 (11%)-Compensation awarded for loss of only eye as for total disa-
bility. Guderian v. Sterling Sugar & Ry. Co., Ltd....
385 (11%)-Injury blinding one-eyed employee held compensable as
Heaps v. Industrial Commission

"permanent loss" of both eyes.
et al. (Ill.)

385 (11%)-Injury to eye compensable though remedied by glasses. hannsen v. Union Iron Works (N. J.)..

385 (114)-Verdict

for compensation for injuries sustained, George A. Fuller Const. Co. (Kan.)

(11%). Loss of or injury to ear.

.....

385 (11%)-Loss of eye impairing earning capacity in other employment
held not compensable as partial incapacity "in same employment
Abbott v. Concord Ice Co. (N. H.)
or otherwise."
385 (11%)-Loss of hearing in one ear compensable as "loss of hearing,"
within statute. Missouri Valley Bridge Co. et al. v. State Indus-
trial Commission et al. (Okla.)..

385(12)

385(12)

69

483

(12). Loss of arm, hand, or finger. Compensation for loss of arm not dependent on earning power Kerwin v. American Ry. Express Co. (Pa.) 104 in another occupation. 241 Compensation for injury to three fingers as for loss of two half Kinney v. Edenborn (La.).. fingers held proper. (19)