The Workmen's Compensation Law Journal Volume 9

The Workmen's Compensation Law Journal Volume 9

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...this finding should not be set aside. With reference to the second assignment, the original complaint before the Compensation Commissioner designated an injury, as the foundation of the complaint, which had occurred August 29, 1919. There was, in fact, an injury, upon which plaintiff sought to rely, occurring on that date. (Therefore the rule which would perhapse allow the plaintiff to show a different date than that alleged had no application, and the prior injury became, in effect, an additional ground of action as to which the Statute of limitations had run at the time of the trial, and this evidently was the theory upon which the trial court acted. However, the application made for amendment and to be allowed to introduce evidence as to this claimed prior injury did not go to the extent of a showing, or offer of proof, that such injury had materially or substantially contributed to cause the plaintiff's condition, 'or that any result thereof was or might have been serious, but was only to the exent 'that on the 27th or 28th 'day of August, 1919, plaintiff fell to the floor in the plant of Morris & Co., striking the same hip on a pipe, or a similar article, probably about three inches in diameter, and that as a result of this fall, she limped the next day and complained to the matron and to one or two of the employees." The plaintiff in her testimony, which was first admitted and later stricken by the court, was to this effect: "I fell down. I cannot tell you just the day, but it was a day or two before I got hit with the shovel. I stepped on a piece of meat and1 slipped and fell. T don't know how I hurt myself, but I slipped and fell, hit my knee on the side and I grabbed by the barrel and that side wtas brought close to the floor, and more

Product details

  • Paperback | 504 pages
  • 189 x 246 x 26mm | 889g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123666504X
  • 9781236665041