The Workmen's Compensation Law Journal, Volume 7William Otis Badger C.C. Hine's Sons Company, 1921 - Courts |
Contents
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Common terms and phrases
Act Laws action affirmed amended amount appeal appellant appellee application Atlantic Reporter Atty Behnken cars cause circuit court City claim for compensation claimant coal commissioner Company condition Constitution contract contractor counsel County course of employment death deceased decedent decision decree defendant in error denied determine district court duty earnings employed engaged entitled evidence filed hearing held independent contractor Industrial Accident Board Industrial Board Industrial Commission injured employee injury arising insurance carrier judgment jurisdiction jury Kellogg liability loss lumber Master and Servant ment N. Y. Supp operation opinion Pacific Reporter party Paul Smith's Hotel payments pensation person petition petitioner phalange physician plaintiff in error ployee proceeding railroad reason received rehearing result reversed rule statute superior court Supreme Court sustained testified testimony tion total disability weeks workman Workmen's Compensation Act Workmen's Compensation Law York York City York Supreme Court
Popular passages
Page 736 - Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises "out of
Page 420 - So it is said that an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods, and without being subject to the control of his employer, except as to the result of the work.
Page 157 - Such commission shall not be bound by the usual common law or statutory rules of evidence or by any technical or formal rules of procedure, other than as herein provided; but may make the investigation in such manner as in its judgment is best calculated to ascertain the substantial rights of the parties and to carry out justly the spirit of this act...
Page 567 - Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof shall, in the absence of conclusive proof to the contrary, constitute permanent total disability. In all other cases permanent total disability shall be determined in accordance with the facts.
Page 67 - ... 1. If the injured employee shall have worked in the employment in which he was working at the time of the accident, whether for the same employer or not, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred times the average daily wage or salary which he shall have earned in such employment during the days when so employed ; 2.
Page 752 - Grant was caused by an injury by accident arising out of and in the course of his employment within the meaning of the said Act?
Page 742 - In all other cases questions of entire or partial dependency shall be determined in accordance with the fact, as the fact may be at the time of the injury...
Page 98 - The commission or any commissioner or any party may, in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state and to that end may compel the attendance of witnesses and the production of books, waybills, documents, papers and accounts.
Page 456 - A notice given under the provisions of this act shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place or cause of the injury, unless it is shown that it was the intention to mislead and the association was in fact misled thereby.
Page 153 - Every person in the service of any person, firm or private corporation, including any public service corporation employing five or more workmen or operatives regularly in the same business, or in or about the same establishment under any -contract of hire, express or implied, oral or written, including aliens, and also...