The Workmen's Compensation Law Journal, Volume 9

Front Cover
William Otis Badger
C.C. Hine's Sons Company, 1922 - Courts

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Page 452 - It is sufficient to say that an injury -is received 'in the course of' the employment when it comes while the workman is doing the duty which he is employed to perform. It arises ' out of ' the employment, when there is apparent to the rational mind upon consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed and the resulting injury.
Page 703 - 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.
Page 246 - Employee" means a person engaged in one of the occupations enumerated in section three or who is in the service of an employer whose principal business is that of carrying on or conducting a hazardous employment upon the premises or at the plant, or in the course of his employment away from the plant of his employer; and shall not include farm laborers or domestic servants.
Page 346 - If in any employment to which this Act applies personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall, subject as herein-after mentioned, be liable to pay compensation in accordance with the First Schedule to this Act.
Page 410 - The following persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee : — (a) A wife upon a husband with whom she lives at the time of his death.
Page 87 - ... 2. If the injured employee shall not have worked in such employment during substantially the whole of such year, his average annual earnings shall consist of three hundred times the average daily wage or salary which an employee of the same class working substantially the whole of such immediately preceding year in the same or in a similar employment in the same or a neighboring place shall have earned in such employment during the days when so employed; 3.
Page 411 - VI, section 1, which provides that the judicial power of the state shall be vested "in the senate, sitting as a court of impeachment, in a supreme court, district courts...
Page 398 - Act any employer having paid the compensation or having become liable therefor shall be subrogated to the rights of the injured employee to recover against that person, provided, if the employer shall recover from such other person damages in excess of the compensation already paid or awarded to be paid under this Act, then any such 'excess shall be paid to the injured employee less the employer's expenses and costs of action.
Page 111 - ... so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment in the first suit remains unmodified.
Page 228 - The insurance carrier shall pay to the state treasurer for every case of injury causing death in which there are no persons entitled to compensation the sum of one hundred dollars. The state treasurer shall be the custodian of this special fund, and the commission shall direct the distribution thereof.

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