Special Bulletins - State of New York, Department of Labor Volume 80-86

Special Bulletins - State of New York, Department of Labor Volume 80-86

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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. 1918 edition. Excerpt: ...statements were in fact made by the deceased, we think the award should be confirmed. There is n0 merit in the contention of the railway company that it was not an employer and the deceased not an employee within the meaning of the Workmen's Compensation Law at the time he received the fatal injuries. Section 3 of that statute defines employer and employee as follows: " 3. ' Employer' " " means a " " ' corporation ' ' " employing workmen in hazardous employments ' " ." 4. 'Employee ' means a person who is engaged in a hazardous employment in the service of an While the relation of employer and employee as defined by the statute must have existed at the time deceased sustained the injury, it matters not whether the ployment was under a contract concededly valid as to both parties, or under a contract voidable at the election of the employer, or whether the liability of the employer for wages was fixed, or determinable under quantum meruit. The vital question is whether the relation of employer and employee existed between the deceased and the railway company, and the facts being conceded, the question is one of law. Liability under section 939 of the Penal Law is based upon the fact of the person being in fact an employee, and having obtained employment by aid of the false statement. The Workmen's Compensation Law does not except from its benefits employees who have obtained employment in violation of this provision of the Penal Law. The Workmen's Compensation Law is not to be read into the contract of employment as forming a part of it and as dependent for its enforcement upon the validity of the contract of employment. Although making the false...show more

Product details

  • Paperback | 270 pages
  • 189 x 246 x 14mm | 485g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236964462
  • 9781236964465