A Treatise on the American and English Workmen's Compensation Laws: As Interpreted by the Courts and Tribunals Vested with the Power of Administering and Enforcing Same, Volumen1

Portada
Vernon law book Company, 1918 - 1905 páginas

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Contenido

New Jersey 1407
161
New York 1425
163
Wisconsin
165
Time commencement and continuation of payments
175
Waiting period
177
Original federal
178
Lump sum payments
179
Amount
180
Deductions from award or settlement
181
Deduction of payments made
182
Deduction for interest
183
Increased and reduced compensation
184
ARTICLE I
185
Pensions
186
Change suspension and termination of compensation
187
Previous health of employé 57 Minor employés
189
Employés excepted
190
193201 Article V Treatment and funeral expense 193200 Division 1 Expenses of medical surgical and hospital treat
193
Farm laborers
194
Domestic and household servants
196
Clerks
198
Casual employés
201
Connecticut
203
64
204
California Iowa and Minnesota
207
Article III Legal proceedings in general
209
Admissibility
216
Hearsay
217
Declarations of workman
218
Independent contractor
219
Federal
220
Employé of independent contractor
221
Federal Act ARTICLE VI
222
Officers
223
ARTICLE II
224
DEPENDENTS
225
Section
226
Pleading and issues under California
227
Taking and reception of testimony
228
California
229
Hearing findings and award
230
California
231
Review by special tribunal
232
Who are dependents and what constitutes dependency 71 Partial dependency
233
Reopening of case rehearing and supplementary proceedings
234
Total dependency
238
Alien dependents
240
What children may be dependents
241
Illegal and divorced wivesMarriage
243
Nonsupport and desertion
245
Right of appeal
247
Dependents under federal
248
Questions reviewable
249
Claim of dependent
251
Payment to representativesSurvival of claim
252
Decision
255
Determination of question of dependency
256
Presumption of dependencyHusband and wife
258
Parent and child
266
Ohio 1468
267
California 84 Proof of dependency
269
ACCIDENT
274
Willful and intentional injuries
286
PERSONAL INJURY
289
Hernia
297
Proof of accident
311
West Virginia 1619
312
Proof of injury
316
ARTICLE II
319
IN GENERAL Section 101 In course of and out ofNecessity and distinction
320
Employments
329
Hazardous employments
330
Federal
341
ARISING IN THE COURSE OF EMPLOYMENT 105 In general
346
Term of employment
354
Going to work
360
Returning from work
365
Premises of employer
368
Means of conveyance
376
Injury caused by coemployé or others
432
Injury from horseplay or practical joking
440
Area of dutyAbsenceEntry and exit
444
Incurring of additional risks
454
Intoxication 125 Susceptibility to risk
460
PROOF 126 Burden requisites and sufficiency of proot
464
CHAPTER VI
545
CHAPTER VII
574
Loss of earning capacity
579
Massachusetts
583
Computation of earnings in general
584
Determination of average earnings
586
Average weekly earnings
594
Daily wages 154 Federal
595
ARTICLE II
597
Permanent total disability
612
Permanent partial disability
614
Temporary total disability
615
Temporary partial disability
617
Computation in case of previously impaired physical condition 161 HerniaCalifornia
622
Scheduled injuries
623
163
627
164
628
Hand fingers foot and ankle
629
Disfigurement
636
ARTICLE III
637
California
679
Wisconsin 1641
682
Release
683
Contracting
684
Assignment of compensation
685
Apportionment
686
ARTICLE V
688
Massachusetts
696
Failure or neglect of employerProcurement of services and treat ment by employé
697
Where physician is furnished by employer
703
Change of physician or service
705
Expense for which employer is liable
710
California 169 Minnesota
711
Recovery by physician
717
Services of nurse or member of the family
720
FUNERAL EXPENSES 201 Provisions allowing funeral expenses
721
New Jersey
722
ARTICLE VIII
724
ARTICLE III
744
INDEX
779
New York
795
California
809
Proceedings under original federal
811
Washington
812
Jurisdiction
817
Jury trial 241 Appeal and review
818
Review of findings and decision
821
SUPPLEMENT Following page 1905
829
Connecticut
831
Washington
832
Taxation of costs 252 Contract for
843
California
845
CHAPTER IX
846
Notices to be posted and certificate
849
Notice of injury or claim
850
First report of accident
851
Employers reports
852
Agreements
855
Application for adjustment of claimSettlement and petition 261 Answer to application
865
Notice of hearing
866
Arbitration
870
Attending physicians certificate
871
Proof of death and certificate authorizing burial
872
Subpćna 267 Petition for review
874
Notice of hearing
875
Lump sum settlements
876
Petition to terminate or modify
878
Receipt and release
879
Insurance Notices
880
TABLE OF CASES CITED Page 881
881
Wisconsin 174 Federal Acto
928
Hon COMP
961
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Página 52 - The government of the United States, then, though limited in its powers, is supreme; and its laws, when made in pursuance of the Constitution, form the supreme law of the land, ' ' anything in the Constitution or laws of any State to the contrary notwithstanding.
Página 51 - If any one proposition could command the universal assent of mankind, we might expect it would be this — that the government of the Union, though limited in its powers, is supreme within its sphere of action.
Página 322 - It need not have been foreseen or 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 130 - ... the contractor) for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation under this Act which he would have been liable to pay if that workman had been immediately employed by him...
Página 300 - In that case compensation was allowed, and it was held that the workman was injured by accident arising out of and in the course of his employment, within the meaning of the English act of 1897.
Página 77 - No act of the General Assembly shall limit the amount to be recovered for injuries resulting in death, or for injuries to persons or property; and, in case of death from such injuries, the right of action shall survive, and the General Assembly shall prescribe for whose benefit such actions shall be prosecuted.
Página 761 - All hearings and investigations before the commission or any member thereof or any referee appointed thereby, shall be governed by this act and by the rules of practice and procedure adopted by the commission, and in the conduct thereof neither the commission nor any member thereof nor any referee appointed thereby shall be bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony shall invalidate any order, decision, award, rule or regulation...
Página 321 - I think, to the origin and cause of the accident ; the words 'in the course of to the time, place and circumstances under which the accident takes place. The former words are descriptive of the character or quality of the accident. The latter words relate to the circumstances under which an accident of that character or quality takes place. The character or quality of the accident as conveyed by the words 'out of involves, I think, the idea that the accident is in some sense due to the employment.
Página 274 - ... 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 thai 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 220 - The officer is distinguished from the employé in the greater importance, dignity and independence of his position; in being required to take an official oath, and perhaps to give an official bond; in the liability to be called to account as a public offender for misfeasance or nonfeasance in office, and usually, though Dot necessarily, in the tenure of his position.

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