From January to June, 1922, inclusive.
(A) NATURE AND GROUNDS OF MASTER'S LIABILITY. NATURE AND THEORY OF LIABILITY. 346-Theory of act stated. Mulhall v. Nashua Mfg. Co. (N. H.).... 346-Act held part of contract of employment. Frasca V. City Coal Co.
847. CONTITUTIONALITY OF STATUTES. 347-Act held constitutional.
Param v. Standard Oil Co. (U. S.).
347-Act held constitutional. McNaught v. Hines, Dir. Gen of R. R. (Ill.).. 133 347-Compensation is confined to relation of employer and employee. Em- ployers' Liabil. Assur. Corp. v. Indust. Acc. Comm. (Cal.). 262 347-Legislature may only confer on commission power to settle workmen's compensation disputes-constitutional provision does not authorize creation of liability for compensation-except liability of employer to own workmen and dependents statute held to impose unau- thorized "tax"-statute held void-legislature without power to au- thorize contribution from employers for re-education of injured em- ployees. Yosemite Lumber Co. v. Indust. Acc. Comm. (Cal.)...... 322 347-Provision of act for subrogation held constitutional. City of Taylorville v. Central Ill. Pub. Serv. Co. (Ill.) . . . 352 347-The Act is not unconstitutional as depriving the parent of his vested right to the value of services of minor child, since such right is statutory and subject to amendment by subsequent legislation. Hil- singer v. Zimmerman Steel Co. (Iowa)..
347-Act making the third party liable for reasonable attorney's fees expend- ed by the plaintiff in action, does not contravene any provision of state or Federa! Constitution. Thornton Bros. Co. V. Northern States Power Co. (Minn.)
347-Pub. Acts 1919, No. 64, amending the Compensation Act, is constitu- tional. McGee v. Columbia Body Co. et al. (Mich.). 347-Act held not to violate treaty with Italy. Frasca v. City Coal Co. (Conn.)
347-Act provision for investment of compensation fund held constitutional. Strong, State Treas., v. Indust. Comm., State of Colo. (Colo.)...... 513 # 348. CONSTRUCTION AND OPERATION OF STATUTES IN GENERAL. 348-Act is to be liberally construed. Mulhall v. Nashua Mfg. Co. (N. H.).. 211 348-Act is to be liberally construed, McNeil v. Panhandle Lumber Co. (Idaho) 342
348-Act to be liberally construed. McAlester Colliery Co. v. State Indust. Comm, (Oizla,)
RETROACTIVE OPERATION OF STATUTES. 349-Act in force at time of injury governs. Holmberg v. City of Oakland (Cal.) 349-The Act, creating Compensation Board and authorizing it to establish rates for compensation insurance, is not retroactive, and the rates adopted by Board do not apply to contracts of insurance entered into before act became operative. Builders' Ltd. Mut. Lia. Ins. Co. v. Comp. Ins. Board (Minn.)
ACCEPTANCE OR REJECTION OF STATUTE, AND ELECTION OF REMEDIES.
# 351. RIGHT TO ELECT, AND EFFECT OF ELECTION IN GENERAL. 351-Employee may reject federal Act. Payne v. Cohlmeyer (U. S.).... 351-Act provisions held elective. Frasca v. City Coal Co. (Conn.). ទ 352.
WILLFUL OR INTENTIONAL ACTS OR OMISSIONS OF EM- PLOYER.
352-Under the Code, providing that if injury to a workman resulted from de- liberate intention of his employer the workman may take under the act and also have a cause of action against the employer, before an injured workman is entitled to recover he must allege and prove that his injury was the result of a deliberate intent on the part of employer to injure him-where injured by explosion of a bolier and compensation had been awarded, that the boiler had been main- fained in an unsafe condition to the employer's knowledge did not show "delberate intention." Delthony v. Standard Furniture Co. Wash.)
352-Dependent cannot sue for damages for gross negligence under Act. Mc- Lain v. Llewellyn Iron Works (Cal)
INJURIES NOT PROVIDED FOR IN COMPENSATION ACT. RIGHT OF ACTION AGAINST THIRD PERSON. 354-Compensation is not waived by settlement with third party. Peterson v. O'Neil (Minn.) 354-Claimants may elect remedy against employer instead of against wrong- doer. Amer. Coal Mng. Co. v. Grenshaw (Ind.). 354-Provision for election of remedies is held inapplicable, where injury was not within act. Hoffman v. Hansen (Wash.) 354-Claimant loses no right of action against third person. Lowe v. Mor- gan's Louisiana & T. R. & S. S. Co. (La.) ... 354-Compensation for injuries held bar to recovery
against wrongdoer. Weber v. Chicago & N. W. Ry. Co. (U. S.). 354-Right of action against wrongdoer not defeated by compensation. Van Zandt v. Sweet (Cal.) 354-Employee sustaining compensable injury entitled to sue wrongdoer. Orange Ice, Light & Water Co. v. Texas Comp. Ins. Co. (U. S.).... 487 $355. — RIGHT OF ACTION BY EMPLOYEE'S PARENTS. 355-In cases where the Compensation Act applies to minors and in view of Code, there can be no recovery by the father for loss of services of his minor son under Code Sec. 3471. Hilsinger v. Zimmerman Steel Co. (Iowa) 355-Act controls parent's recovery for death of child. McLain v. Llewellyn Iron Works (Cal) 504 355-Action for death of employee maintainable by dependent father against employer not complying with act. Olson v. Hemsley (N. D.)...... 627 356. COMMON-LAW DEFENSES ABOLISHED. 356-Act abolishes common-law defenses. McGonigle v. O'Neill (Mass.).... 403 356-Contributory negligence is no bar to recovery. Republic Iron & Steel Co. v. Indus. Comm. et al. (Ill.) 666
357. PERSONS ENTITLED TO ELECT. 357-Minor's election under act voidable. Moore v. Hoyt (N. H.).... 357-Where a wrongfully employed minor under 16 was injured and with his father's consent agreed to accept benefits under the Compen- sation Act and after attaining the age of 16, with like consent, en- tered into a supplemental agreement, both of which were approved by the Board and compensation paid, neither the minor nor father could thereafter bring suit at law for injuries. Delaney v. Phila. & Reading Coal & Iron Co. (Pa.)
FORM AND REQUISITES OF ELECTION (INCLUDING IM- PLIED ELECTION).
358-Act held effective against employee, in absence of express stipulation- suit by minor's father held an election under act. Parham V. Standard Oil Co. (La.)
358-Requisites of election under act stated. Amer. Coal Mining Co. V. Lewis (Ind.) 358-Employee who permitted employer's insurer to pay hospital and doctor bills did not by reason thereof elect to "proceed" under the com- pensation act. Fox v. Detroit United Ry. (Mich.)...
359-Election by minor's father after accident held in time, under act. Par- ham v. Standard Oil Co. (La.).
RELATION OF PARTIES, AND PERSONS AND EMPLOYMENTS WITHIN STATUTE.
361-Where driver of taxicab was discharged and thereafter took on trip, with out employer's knowledge, persons who had day before requested employer that he be chosen as driver, and was killed on trip, and passengers paid employer for trip, relation of master and servant did not exist. Burke v. Indust. Comm. (Colo.)..... 361-Hauling water for road engine held "hazardous occupation" within act. Board of Com'rs of Okmulgee County v. State ex rel. Jackson et al., State Indust. Comm. (Okla.)..... 361-Lunchroom employees held within act. Jurman v. Hebrew Nat. Sausage
361-Meat packer's salesman heid within extrahazardous provisions. Mc- Naught v. Hines, Dir. Gen. of R. R. (Ill.).. 361-Railroad in intrastate commerce is subject to act.
Dir. Gen. of R. R. (Ill.) 361-Award to partner of firm as employee is unauthorized..
Goldsmith v. Payne, Employers'
Liability Assur. Corp. v. Indust. Acc. Comm. (Cal.). 361-Corporate director, superintending mill, is held an employee. Millers' Mut. Casualty Co. v. Hoover (Tex.) 361-Workman serving two employers held not engaged in joint employment making both liable under act. Bamburger Electric R. Co. v. Indust.
361-Act includes all employees in extrahazardous business. J. E. Porter Co. v. Indust. Comm. (Ill.).. 361-Employer liable for injuries in service of third person-act defining "employee" to be liberally construed. McDowell v. Duer (Ind.).. 364 361-The Act did not apply to the injured workmen's employers, whose busi- ness was drilling oil wells, because they had not employed five or more workmen continually for more than one month. Stover v. Davis et al. (Kan.)... 361-Partner with a company operating a cotton gin accidentally killed is not an employee of the company. Millers' Indemnity Underwriters v. l'atten et al. (Tex.).. 361-Where father who, together with mother and two children, owned all of the stock of a corporation and occupied a building owned by the corporation as a residence, entered into a contract with the corpo- ration to keep the building in repair, a son, who was injured while proceeding with a truck to procure painting materials for the building, was not entitled to compensation on the theory that the father, as his employer, was engaged in the business of construc- tion, repair and demolition of buildings and the employment there- fore hazardous Goldberger v. Goldberger et al. (N. Y.). 361-Compensation cannot be recovered for injury to bartender if employed in a saloon at a time when the sale of intoxicating liquors was unlawful; a "saloon" being a place where intoxicating liquors are sold and drunk. Herbold v. Neff et al. (N. Y.).. 361-Alien "employee" held within act. Frasca v. City Coal Co. (Conn.)... 515 361-Driving motor truck held not to involve a "process" requiring use of explosive within act. Dodson v. Kansas City Refining Sales Co. (Kan.)
361-Pieceworker cutting trees held an "employee" entitled to disability compensation based on "wages" and "weekly earnings." Ex parte W. T. Smith Lumber Co. (Ala.).
362-Employment to repair engine held "casual". Callihan v. Montgomery (Pa.)
363-Employee sinking stones on farm held a "farm laborer" within act. Bates v. Shaffer (Mich.)....
363-Farmers blasting and loading surface coal held engaged in "mining". Hanna v. Warren (Ind.) 363-Nonsubscribing employer of "ranch laborer" held not entitled to de- fenses excluded by act. Gordon v. Buster (Tex.)..
364-State Highway Commission is not employer of those working under it.- State is liable for compensation as employer of Highway Commis- sion's employee. Smith v. State Highway Comm. of Va. (Va.)..... 96 364-Special officer in park held employee within act. Walker v. City of Port Huron (Mich.) 364-The relation of employer and employee does not exist between muni- cipality and policeman so as to create liability and benefits under act. Marlow v. Mayor and Alderman of City of Savannah (Ga.)... 658 364-Injury to manual training teacher of district high school held com- pensable as within statutory provisions for employees in an "enter- prise" and "workshop." Board of Education v. Industrial Commis- sion (I.)
365. EMPLOYEES ENGAGED IN INTERSTATE COMMERCE. 365-To recover under federal Act, employment in interstate commerce must be shown.-Injured servant enlarging old turntable held not en- gaged in "interstate commerce" under federal Act. Seaver v. Payne (N. Y.) Williams V.
365-Engagement in interstate commerce is question of fact.
Southern Pacific Co. (Cal.) 365-Telegraph and telephone company engaged in both intrastate and inter- state commerce to such an extent that it was not possible to render clearly separable and distinguishable its pay roll of workmen is not within the State Act. Plastino v. City of Seattle (Wash.).. 365-Where an interstate train was being cut so that each car when it reached its destination might readily be detached and the train sooner proceed, and thus interstate as well as the intrastate trans- portation be better effected, the entire train, so far as liability is concerned, was an interstate train. McNeil v. Director General of Railroads et al. (Pa.) 777
365-Where an employce of a contractor engaged in constructing a pier was, at time of injury, repairing boiler on a scow, which was a navi- gable craft in navigable waters, though used to assist in the con- struction of piers, his work was maritime in its nature and within the admiralty jurisdiction. V. McHarg-Barton Co. et
366-Minor not lawfully employed cannot recover for his injuries under Act. -Minor 16 years old engaged in mining held "employee" lawfully employed. In re Moody (Ind.).. 366-"Young person" held not lawfully employed, precluding recovery. Ind. Mfrs. Reciprocal Ass'n v.. Dolby (Ind.) 366-Minor held illegally employed on elevator, precluding recovery. Dris- coll v. Weidely Motors Co. (Ind.)... 366-Compensation Act does not repeal Child Labor Law, making it unlawful to employ minors between the ages of 12 and 15 at certain danger- ous occupations, nor are such minors included in the term "em- ployee" in Compensation Act, and a contract of insurance between employer and insurance company, being presumed to be in accord with the law, cannot be extended to persons employed in violation of the law. Galloway et al. v. Lumbermen's Indem. Exchange et al. (Tex.)
INDEPENDENT CONTRACTORS AND THEIR EMPLOYEES. 367-Claimant's relation was mixed question of law and fact. Brower v. W. H. Isgrigg & Son (Mich.)
367-"Independent contractor" and "employee" distinguished.
Roofing Co. v. Travelers' Ins. Co. (Ill.). 367-A corporation is liable for compensable injury to a contractor's work- man. Chicago & E. R. Co.. v. Kaufman (Ind.) 367-Doctrine of "independent contractor" no part of act. McDowell v. Duer (Ind.)
367-Sewer builder held foreman over injured employee, not independent contractor. Franks v. Carpenter (Iowa) 367-Owner not liable for injuries to employee of independent contractor. McIlvain v. Blue (Kan.)
367-Where a physician who conducted his own hospital had arranged with the employees of a corporation to furnish medical and hospital services in return for payments by the employees of monthy assess- ments, the facts that compensation claimant had paid the assess- ments and that the corporation encouraged the plan have no weight in determining whether he was an employee of the corpora- tion or an independent contractor-where claimant was, at the time of injury, skidding logs from a swamp to a railroad, under an ar- rangement whereby he was given a certain tract from which to skid the logs and was paid for those delivered, selecting his work- ing hours and assistant, and furnishing his own horses and selecting the method of doing the work, he was an independent contractor and not an employee. Odle v. Charcoal Iron Co. of America et al. (Mich.) 367-Apartment house manager held not an "independent contractor "liable under act as employer of janitor. Fischer v. Industrial Commission (Ill.) 367-Truckman working with his own team and wagon held "independent contractor," and not "employee" within act. Gallagher's Case (Mass.)
CONTRACTS OF EMPLOYMENT MADE OR TO BE PER- FORMED IN FOREIGN STATE. 368-Act held no part of contract of employment between nonresidents of state. Darsch v. Thearle Duffield Fire Works Display Co. (Ind.)... 282 INJURIES OCCURRING IN FOREIGN STATE. 369-Compensation recoverable for injuries occurring in course of employ- ment in another state. Pickering v. Indust. Comm. of Utah (Utah) 369-Tennessee act held not to preclude servant employed in Tennessee from suing in N. Carolina. Far v. Babcock Lumber & Land Co. (N. C.) 251 INJURIES ARISING OUT OF OR IN COURSE OF EMPLOYMENT. IN GENERAL.
§ 370. # 371. 371-Words by accident arising out of and in course of employment" should be liberally construed. Empire Health & Accident Ins. Co. v. Purcell (Ind.) 371-Compensable injury defined. Sichterman v. Kent Storage Co. (Mich.) 421 371-Accident must originate in risk of employment. J. E. Porter Co. v. Indust. Comm. (Ill.) 355
371-Accident" within act defined. McNeil V. Panhandle
371-Injury in course of employment compensable-contributory negligence immaterial.-Injury by accident within act defined. Callihan v. Montgomery (Pa.) Lumber Co.
371-Compensable "injury" is defined.
371-Employee is "about premises" while making exit on elevator at close of day's work-"during the hours of service" includes period of prompt ingress and egress. Lienau v. Northwestern Telephone Exch. Co.'
Scholtzhauer v. C. & L. Lunch Co.
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