The Workmen's Compensation Law Journal, Volume 2William Otis Badger C.C. Hine's Sons Company, 1918 - Courts |
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Page 10
... further support in the so - called insurance feature of the West Virginia statute , under which a compensa- tion fund is created . The premiums which make up this fund are paid by the employers on the basis of their monthly pay rolls ...
... further support in the so - called insurance feature of the West Virginia statute , under which a compensa- tion fund is created . The premiums which make up this fund are paid by the employers on the basis of their monthly pay rolls ...
Page 21
... further says concerning the act , answer- ing the objection advanced that it is inimical to the equal protec- tion clause of the Fourteenth Amendment : " The only apparent basis for it is in exclusion of farm laborers and domestic ...
... further says concerning the act , answer- ing the objection advanced that it is inimical to the equal protec- tion clause of the Fourteenth Amendment : " The only apparent basis for it is in exclusion of farm laborers and domestic ...
Page 29
... further finding that the policy had not been validly rescinded is not material , and does not of itself dispose of the defense attempted to be set up . But the an- swer alleged rescission , and the fact that an unnecessary finding was ...
... further finding that the policy had not been validly rescinded is not material , and does not of itself dispose of the defense attempted to be set up . But the an- swer alleged rescission , and the fact that an unnecessary finding was ...
Page 36
... further contends with respect to this tes- timony that it was hearsay , and therefore not admissible . It in- sists that the rule in the cases of Englebretson v . Industrial Ac- cident Commission , 170 Cal . 793 , 151 Pac . 421 , and ...
... further contends with respect to this tes- timony that it was hearsay , and therefore not admissible . It in- sists that the rule in the cases of Englebretson v . Industrial Ac- cident Commission , 170 Cal . 793 , 151 Pac . 421 , and ...
Page 51
... further payments thereafter the employee applied to the Industrial Board for compensation , which was granted . Held , that though the in- complete agreement was approved by the board its jurisdiction was not thereby terminated ; the ...
... further payments thereafter the employee applied to the Industrial Board for compensation , which was granted . Held , that though the in- complete agreement was approved by the board its jurisdiction was not thereby terminated ; the ...
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Common terms and phrases
Act Laws affirmed agreement alleged amended appellee application assumption of risk award carrier cause of action certiorari circuit court claim claimant Cleveland county common law contract contributory negligence counsel course damages death deceased decedent Decision rendered defendant's disability District Court duty employed employment engine entitled evidence fact federal Employers filed finding follows foreman held independent contractor Industrial Accident Board Industrial Board Industrial Commission injured employee interstate commerce Judge judgment jurisdiction jury Legislature Liability Act loss lumber Master and Servant MASTER AND SERVANT-WORKMEN'S ment N. E. Rep notice operation opinion party payment pensation personal injury petition petitioner plaintiff in error ployee proceeding question railroad reason received recover rehearing respondent result risk rule SERVANT-WORKMEN'S COMPENSATION statute subrogation superior court supra Supreme Court sustained testimony tion track train verdict workman Workmen's Compensation Act Workmen's Compensation Law
Popular passages
Page 716 - 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...
Page 812 - Act to' recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 738 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee...
Page 719 - Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it THE POLICE POWER OF THE STATES affects alike all persons similarly situated, is not within the amendment.
Page 302 - Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer...
Page 478 - Columbia and any of the states or territories and any foreign nation or nations shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or in case of the death of such employee to his or her personal representative...
Page 837 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury.
Page 883 - 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 'out of the employment.
Page 208 - willfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage; 2. The words "neglect," "negligence," "negligent,
Page 358 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act, shall to that extent be void...