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, Том 1

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Vernon law book Company, 1918 - Всего страниц: 1905

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ARTICLE IV
138
Washington
147
CHAPTER IV
167
COMPENSATION
175
Federal employés 56 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 ment
193
Farm laborers
194
Domestic and household servants
196
Clerks
198
Casual employés
201
63
202
Connecticut
203
64
204
California
205
Iowa and Minnesota
207
Article III Legal proceedings in general
209
Independent contractor
213
Federal
220
Employé of independent contractor
221
Officers
223
ARTICLE II
224
Partial dependency
233
Total dependency
238
Alien dependents
240
What children may be dependents
241
Illegal and divorced wivesMarriage
243
Nonsupport and desertion
245
Dependents under federal
248
Claim of dependent
251
Payment to representativesSurvival of claim
252
Determination of question of dependency
256
Section
257
Presumption of dependencyHusband and wife
258
Wyoming
260
Parent and child
266
ARTICLE I
273
INDEX
277
Voluntary act in emergency
285
REMEDIES
287
Federal
291
Diseases compensable as injuries
298
Proof of accident
311
Proof of injury
316
ARTICLE II
319
In course of and out ofNecessity and distinction
320
Employments
329
Hazardous employments
335
104 Federal
341
In general
346
Term of employment
354
Going to work
360
Returning from work
365
Premises of employer
368
California
373
Means of conveyance
376
Leisure periodsAttendance on personal comforts and necessities 112 Negligence and recklessness
388
Disobedience
391
Deviation from original cmployment
394
ARISING OUT OF EMPLOYMENT 115 Risks due to employment
408
Risks peculiar to employment
417
Risks of commonalty
421
Proof of dependency 82
424
Risks external to the employment but special exposure to risk due to employment
425
Injury from forces of nature
428
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 proof
464
EARNINGS AS BASIS OF COMPENSATION Section 147 What constitutes earnings
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
Hand fingers foot and ankle
629
Disfigurement
636
ARTICLE III
637
Time commencement and continuation of payments 176 Original federal
646
Computation and amount of benefit 168 California
650
Original federal
651
Lump sum payments
659
Amount
661
Deductions from award or settlement
662
Deduction of payments made
666
Deduction for interest
668
Increased and reduced compensation
669
Restriction of employes rights in insurance contract 186 Pensions 187 Change suspension and termination of compensation
673
California
679
Release
683
Contracting
684
Assignment of compensation rights
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
Minnesota
711
Recovery by physician
717
Services of nurse or member of the family
720
DIVISION IIFUNERAL EXPENSES 201 Provisions allowing funeral expenses
721
New Jersey
722
ARTICLE III
744
Admissibility
772
Hearsay
775
Declarations of workman
777
Burden of proof and evidence to sustain itPresumption
778
ReportEvidentiary effect 221 Medical examination
780
Federal
781
ARTICLE VI
783
Jurisdiction
787
Service of summons 226 Parties
790
Pleading and issues under California
791
Taking and reception of testimony
792
California
793
New York
795
California
798
Review by special tribunal
800
Dismissal
802
Reopening of case rehearing and supplementary proceedings 235 California
809
Proceedings under original federal
811
Washington
812
Jurisdiction
817
Jury trial 241 Appeal and review
818
Review of findings and decision
821
Connecticut
831
Washington
832
California
833
ARTICLE VIII
843
CHAPTER IX
846
NoticesAcceptance rejection and withdrawal
847
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
868
Attending physicians certificate
871
Proof of death and certificate authorizing burial
872
Subpæna 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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Стр. 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.
Стр. 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.
Стр. 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.
Стр. 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...
Стр. 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.
Стр. 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.
Стр. 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...
Стр. 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.
Стр. 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.
Стр. 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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