[PDF] Top 20 Chapter 2: Workmen's Compensation Law

... Riordan's Case in f: ct held that the ar- tificial force of a presumption or of prima facie evidence, compelli a finding, disap- pears when the evidence warrants a finding[r] ... See full document

... personal injury claims. Furthermore, it impacts with undue harshness on employees who must forego their common law rights against their employers.8o Finally, it overlooks [r] ... See full document

... Al- though Section 18 would seem merely to make the general contractor secondarily liable to pay compensation to injured employees of sub- contractors or independent[r] ... See full document

... The Supreme Judicial Court also considered a companion case involving this same insurer's appeal from the decree of the Single Justice dismissing a petition broug[r] ... See full document

... MACEY J. During the 1965 SURVEY year the workmen's com- pensation legislation enacted by the General Court has had very little effect on the current status of workmen's comp[r] ... See full document

... The Court considered questions of first impression in five cases: whether a wife can receive payment for nursing services rendered an injured husband;l whether the [r] ... See full document

... Thus, the Eisner Court read section 15 to require a deceased employee's dependents to pay certain proceeds received in personal injury and wrongful death claims to the workmen[r] ... See full document

... an issue that had not been raised before the single member./d. The court noted that to preserve a question for appeal, the issue can be raised either before the single memb[r] ... See full document

... A reasonable argument could be made that the Court should have held that, as the receipt of benefits for the 400-week period does not depend upon need, and as there[r] ... See full document

... A good case can be made, based upon a respectable body of estab· lished case law, for the proposition that the Industrial Accident Board is not warranted in disrega[r] ... See full document

... But, Justice Counihan contended, the evidence would warrant a finding that there was an underlying general rela- tionship of employer-employee and therefore the cas[r] ... See full document

... The Supreme Judicial Court, in affirming the decision of the board, pointed out that the insurer did not make a physical examination of the employee until nearly eight mont[r] ... See full document

... The Court pointed out 10 that this strict nine-month limitation is not as onerous as it might appear since the insurer may bring its third-party action once cla[r] ... See full document

... It is submitted that Section 36A of our Massachusetts act is the logical extension, to a certain class of widows, of an arbitrary principle of extra compensation payment[r] ... See full document

... Workmen's Compensation SMU Law Review Volume 3 Issue 3 Survey of Texas Law for the Year 1948 Article 14 1949 Workmen's Compensation Elizabeth Gann Follow this and additional works at https //scholar s[.] ... See full document

... Workmen's Compensation SMU Law Review Volume 4 Issue 3 Survey of Southwestern Law for 1949 Article 19 1950 Workmen's Compensation T Michael Kostos Follow this and additional works at https //scholar s[.] ... See full document

... Workmen's Compensation SMU Law Review Volume 2 Issue 2 Survey of Texas Law for the Year 1947 Article 15 1948 Workmen's Compensation Follow this and additional works at https //scholar smu edu/smulr Th[.] ... See full document

... member pursuant to section 7, the insurer was ordered to pay, in rela- tion to the husband's injury, compensation benefits to the husband and dependency benefits for the wife a[r] ... See full document

... The employee in Zero/ski contended that his disability after ten years of standing and walking on concrete floors during eighty percent of his working day, with repeated [r] ... See full document

... 14 In a situation even more analogous to the present case, the Court upheld an award of compensation to an employee of a newsstand company injured in the parking l[r] ... See full document