(Reg. 108, Fol. 387) in the Court of Appeals

(Reg. 108, Fol. 387) in the Court of Appeals

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...of A to the effect that the deceased related to him that he fell over a board on the job, and upon this alone reach into the employer's pocket and take his money and hand it to the claimant? Of what avail the right to appear in person and by counsel, to examine witnesses, and to have the usual means of demonstrating occurrences, stripped only of technicalities of procedure, if this be so? If the Commission may satisfy itself on the issues and deprive one of property solely in reliance upon the unsworn statement of a third party relating a self-serving declaration of the claimant, the provisions as to procedure and practice are idle. We respectfully submit that the minority opinion in the Carrol tine by Justice Woodward is a correct interpretation of these provisions of the statute. Justice Woodward says in part: "The Workmen's Comiensation Law does not undertake to provide a system of indemnity for the widows and children of all workers who die during the period of their employment in one of the enumerated trades. Any right of the widow or dependent children to claim compensation for being deprived of the decedent's earnings and thus assess their loss against the cost of the employer's product or service to the community, must be predicated on the determination that the earnings were cut off by 'disability or death resulting from an accidental pergonal injury arising out of and in the course of his employment.' ( Consol. Laws, chap. (7 Laws of 1914, chap. 41, sec. 10.) Precedent, therefore, to the Commission's right to make an award in allowance of any claim, must be the production of proof (1) that the worker unstained a known and determinable accident or mishap in the course of his employment; (2) that this accident or mishap arose...show more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236804287
  • 9781236804280