INDEX ABSENCES FROM WORK. Consideration to be given to, in determining average weekly earnings, 152. ACCIDENT. Definition of, generally, 30, 227. Scope of phrase as used in American statutes, 227. Use of word "fortuitous" in defining accident, as misleading, 30. Injury by, must be referable to definite time, place and circumstance, 30, 228. Strain resulting from overexertion as, 32. Nervous shock as, 31. Disease as, 36, 37. Occupational disease as, 35, 228. Infection with anthrax as, 37. General breakdown due to overwork as, 36. Incapacity from exposure as, 36, 37. Sunstroke or heat stroke as, 38. Injury from assault as injury by, 38, 231. Injury by violence of third person as, 31. Burden of proof as to, 39, 231. Proof of, by circumstantial evidence, 40, 231. ACTION FOR DAMAGES. Recovery of compensation where action for damages has failed, 81-83. ACTIVE EMPLOYMENT. Recovery of compensation for injuries received while not actively engaged in em- ACT OF 1900. Text of English act, 191. ACTUAL DEPENDENTS. Who are, within the meaning of the New Jersey statute, 250. ACTUAL KNOWLEDGE. Of employers of the injury, 244. ADAMS v. ACME WHITE LEAD & COLOR WORKS. Decision in full, 283. AGREEMENTS. Registration of memorandums of, 184. Enforcement of, 188. As to lump sum, 189. AIRSHIP OPERATOR. 539 ALIEN DEPENDENTS. Applicability of English act to, 125. As within the protection of the American statutes, 251. ALLOWANCES. Consideration of allowances received by workman from employer during period of ALTERNATIVE REMEDIES. Furnished to workmen or dependents by the English act, 72. AMOUNT RECOVERABLE. By dependent, 134, 253. By workman incapacitated totally or partially, 136, 254. "ANCILLARY OR INCIDENTAL" TO THE TRADE OR BUSINESS OF THE PRIN- CIPAL. What work is, 97. ANTHRAX. Infection by, as accident, 37. APOPLEXY. Death from, as result of accident, 34. APPEALS. From decision of arbitrator, 177. To divisional court, when, 100, 112. Provisions of act relative to appeals in Scotland, 127. APPOINTMENT. Of arbitrators and medical referees under the English act, 111. APPORTIONMENT. Of compensation recoverable between the dependents entitled thereto, 162, 252. ARBITRATION. For settlement of disputes under the English act, 79-81, 174. ARBITRATORS. Provisions of the English act relative to appointment and remuneration of, 111. ARISING "OUT OF AND IN THE COURSE OF" THE EMPLOYMENT. Injuries on street as, 41, 233. received while going to or from work as, 60, 235. while not actively engaged in duties, 58, 234. while procuring refreshments, 58, 237. received while seeking toilet facilities as, 46, 236. while workman is indulging in horse play, 47, 240. while obeying direct orders of superior, 62, 239. ARISING "OUT OF AND IN THE COURSE OF" THE EMPLOYMENT-continued. while riding bicycle, 48. while acting in emergencies, 56. caused by weather and climatic conditions; lightning, 43, 241. received by sailor while on shore, 65. from assault as, 64, 239. received while intoxicated as, 62, 238. Loss of eye through infection, as, 234. Self-inflicted injuries while insane as, 234. Burden of proof as to injury by accident arising out of and in the course of the em- Circumstantial evidence to prove injury by accident arising out of and in the ASSAULT. Injuries from, as injuries by accident, 38, 231. Injuries by, as arising out of and in the course of the employment, 64, 239. Review of cases on recovery of compensation where workman suffers injury from ASSUMPTION OF RISK. Abrogation of defense of, as affecting validity of statute, 413. As affected by failure of employer to accept the provisions of the optional acts, 219. AT OR IMMEDIATELY BEFORE. Meaning of phrase as used in section 8 of the English act with reference to indus- AUSTRALIA. Who are dependents under the acts of, 127. AVERAGE WEEKLY EARNINGS. Of injured employee, how computed under English act. In general, 149. Grades of employment, 150. Concurrent employment, 152. Absences from work, 152. Period of time forming basis for computation, 155. Trade or calendar week, 156. Continuity of employment, 157. Deductions, 158. Remuneration other than regular wages, 159. Computation of, under the American statutes, 260. Review of cases on average weekly earnings under compensation acts of workman See also EARNINGS. AWARD. Varying of the award of compensation, 163. Review of, 163. Enforcement of, 188. Deductions from, 190. BANKRUPTCY. Text of English act relating to bankruptcy of employer, 98 BED. Injury to domestic servant while lying in, as arising out of and in the course v BEING CONSTRUCTED OR REPAIRED. Meaning of phrase as used in English act of 1897, 197. BENEFITS. Consideration of benefits received by workman from employer during period or BICYCLE. Injuries received while riding, as arising out of the employment, 48. BLIND ASYLUM. Inmate of, as workmen under the English act, 117. BLOOD POISONING. As an accident, 36, 230. BOARD. Furnished to workman, consideration to be given to, in fixing average weekly earn- BOTTLE WASHING WORKS. As a factory, 202. BREAKDOWN. General breakdown due to overwork as accident, 36. BRIGHTMAN, RE. Decision in full, 321. BRITISH COLUMBIA. Who are dependents under the British Columbia act, 126. BUILDING. What is, within meaning of English act of 1897, 196. Height of, how measured under English act of 1897, 196. Machinery temporarily used for the purpose of constructing, as a factory, 208. BURDEN OF PROOF. That injury was caused by accident, 39, 231. That death was due to accident, 134. As to whether accident arose out of and in the course of the employment, 67, 241. As to change in workman's condition justifying change in award, 171. BUSINESS. Consideration of profits in, in determining what injured employee is able to earn What work is “ancillary or incidental" to the trade or business of the principal, 97. |