Constitutionality and Construction of Workmen's Compensation LawsU.S. Government Printing Office, 1917 - 1 σελίδες |
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Σελίδα 168
... operation can only follow from the choice of the persons affected by it , so that under the act neither the employer nor the employee is bound to accept its provisions unless he chooses to do so . " If he does not he certainly is not ...
... operation can only follow from the choice of the persons affected by it , so that under the act neither the employer nor the employee is bound to accept its provisions unless he chooses to do so . " If he does not he certainly is not ...
Σελίδα 178
... operation . The court held this classification to be reasonable and proper , since " in the nature of the case the risks of any regular employment are less and the opportunity for avoiding them better where an employee is one of four ...
... operation . The court held this classification to be reasonable and proper , since " in the nature of the case the risks of any regular employment are less and the opportunity for avoiding them better where an employee is one of four ...
Σελίδα 184
... operation of the law would be . " It is enough for our present purpose that no one can say with certainty that it would operate to coerce either employer or employee " ( Borgnis case ) . The same situation was developed in the Ohio ...
... operation of the law would be . " It is enough for our present purpose that no one can say with certainty that it would operate to coerce either employer or employee " ( Borgnis case ) . The same situation was developed in the Ohio ...
Σελίδα 198
... operation . Occupational diseases . - As already noted , the Federal act of 1908 provided for compensation for employees injured in the course of employment without the restricting words " by accident . " However , the Attorney General ...
... operation . Occupational diseases . - As already noted , the Federal act of 1908 provided for compensation for employees injured in the course of employment without the restricting words " by accident . " However , the Attorney General ...
Σελίδα 207
... operation for compensable hernia would furnish a basis . for an award ( Industrial Accident Board of Massachusetts ) . That the injury was the proximate cause of death was determined by the industrial accident commission of California ...
... operation for compensable hernia would furnish a basis . for an award ( Industrial Accident Board of Massachusetts ) . That the injury was the proximate cause of death was determined by the industrial accident commission of California ...
Συχνά εμφανιζόμενοι όροι και φράσεις
action allowed amendment amount appellate division application award benefits California commission Carnegie Steel Co cause claim claimant commission of Ohio common law compensation commissioner compensation law Connecticut constitution construed contract corporation course of employment court held court of appeals Court of Massachusetts Court of Wisconsin court saying death deceased decision defenses dependent due process elective employed employee engaged exclude fund ground hazardous hernia Illinois industrial accident board Industrial Accident Commission industrial board industrial commission Iowa Jersey labor lead poisoning legislature liability loss ment Minnesota misconduct N. Y. Supp negligence occupational disease operation opinion original award partial disability payments pensation persons physician ployer police power premium process of law provision question railroad recovery rejected result ruling statute superintendent of insurance Supreme Court third party tion total disability trial by jury wages Washington West Virginia widow Wisconsin workman York York supreme court
Δημοφιλή αποσπάσματα
Σελίδα 233 - It need not have been foreseen 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.
Σελίδα 183 - This right of contract, however, is itself subject to certain limitations which the State may lawfully impose in the exercise of its police powers. While this power is inherent in all governments, it has doubtless been greatly expanded in its application during the past century, owing to an enormous increase in the number of occupations which are dangerous, or so far detrimental to the health of...
Σελίδα 187 - It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Σελίδα 166 - When our constitutions were adopted it was the law of the land that no man who was without fault or negligence could be held liable in damages for injuries sustained by another.
Σελίδα 187 - Nevertheless, notwithstanding the logical form of the objection, there are more powerful considerations on the other side. In the first place, it is established by a series of cases that an ulterior public advantage may justify a comparatively insignificant taking of private property for what, in its immediate purpose, is a private use.
Σελίδα 260 - A child or children under the age of eighteen years (or over said age, but physically or mentally incapacitated from earning) upon the parent with whom he is or they are living at the time of the death of such parent, there being no surviving dependent parent.
Σελίδα 268 - ... earning capacity in the employment in which he was working at the time of the accident...
Σελίδα 166 - Due process of law in each particular case means such an exertion of the powers of government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs.
Σελίδα 233 - The causative danger must be peculiar to the work, and not common to the neighborhood. It must be incidental to the character of the business, and not independent of the relation of master and servant.
Σελίδα 176 - The rules of law relating to contributory negligence and assumption of the risk and the effect of negligence by a fellow servant were established by the courts, not by the Constitution, and the Legislature may change them or do away with them altogether as defenses (as...