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PREFACE.

The rapid spread of the workmen's compensation laws in this country. has seemed revolutionary to many people. Yet they have been in force in Europe for over a quarter of a century, and in England since 1897. The first American statute of this kind was in 1910, and that was held invalid. The next one was in 1911. Yet such laws are now in force in half the states of this country and rapidly spreading, while about 350 judicial decisions have already been rendered upon them. Indeed, nothing so revolutionary in its effect upon the rights and liabilities of so vast a number of American citizens has ever been known in American legislation as that which has been caused by the adoption of the modern workmen's compensation acts. It has become imperative to have an adequate treatment of the existing law on these matters, and this volume is offered to meet that need.

Many distinctive features of the American statutes are taken literally from the English act, or closely modeled thereon, and therefore our own courts have had to go to the English decisions for precedents in many of the: inost important American cases. There are about 2,000 of these English: decisions, and these, together with all American cases, have been carefully analyzed, and all their value fully presented in this work.

There is also a Federal statute on this subject, but it is limited to employees of the Federal government, and no cases under it have yet been passed upon by the courts.

This treatise was prepared primarily for use as one of the annotations: in the Lawyers Reports Annotated, and appears in the current volume, L.R.A.1916A. This explains the frequent use of the word “annotation;" also several very slight changes in form and arrangement deemed more appropriate to the style of a text-book. One of these is in the form of printing the table of contents; another is in the running titles or top lines on the pages. The third of these is in transferring the first 23 pages of the L.R.A. volume preceding the text of the present treatise, and on which were printed the reports of some leading cases, to the end of this volume, with new page numbers, but retaining the former page numbers 1-23 in brackets. An index and a table of cases reported and cited in this volume have also been added. In other respects this entire treatise on workmen's compensation laws, followed by over forty of the leading Ameri

can decisions on this subject reported in full, with some special text annotation, is exactly reproduced from the L.R.A. volume without any change in type or otherwise. To those not familiar with that series of reports, it may be proper to say that this work is an example of what L.R.A. is doing for all branches of the law. But L.R.A. subscribers should not purchase this volume, because they already have the entire work in their reports.

We may also be permitted to call attention to the compactness of this volume, and to the fact that, if printed in the style of ordinary text-books, it would fill more than a thousand pages.

Rochester, N. Y., 1916.

CONTENTS.

75

79

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surers (8 5)

a. Text of $ 5

b. Proceedings under this section

98

98

99

VIII. Liability of third person whose negligence causes the injury
(86)

100

a. Text of $ 6

100

b. Joint liability of employer and third person

101

c. Employer's right to indemnity from third person

102

IX. Application to workmen in the sea service ($ 7)

103

a. Text of $ 7

103

b. Proceedings under this section in general

104

c. Persons in sea service excluded from $7 (87, subsec. 2) 105

X. Compensation for industrial diseases ($ 8, sched. III.)

106

a. Text of act relative thereto

106

1. Text of $ 8 ..

106

2. Text of third schedule

108

b. In general

108

c. Meaning of phrase at or immediately before"

109

d. Presumption as to cause of disease

109

e. Contribution by other employers

109

f. Functions of certifying surgeons and medical referees 110

XI. Application to workmen under the Crown ($ 9)

111

a. Text of $ 9

111

XII. Appointment and remuneration or arbitrators and medical ref-

erees ($ 10)

111

a. Text of $ 10

111

XIII. Detention of ships whose owners are liable for compensation ($

11)

111

a. Text of $ 11

111

b. Proceedings under this section

112

XIV. Reports of injuries ($ 12)

112

a. Text of $ 12

112

XV. Definition clauses (8 13)

112

a. Text of $ 13

112

b. Who are employerg"

113

c. Contract of service"

114

d. Who are workmen"

115

1. In general

115

2. Independent contractors

118

3. Casualemployees

120

4. Seamen

120

5. Remuneration

121

e. Who are dependents"

121

1. In England and Ireland and in Scotland under the

Act of 1906

121

2. In Scotland under the Act of 1897

125

3. In the Colonies

126

XVI. Appeals in Scotland where an action is raised independently of

the act ($ 14)

127

a. Text of $ 14

127

b. Effect of this section

127

XVII. Termination of contracts relieving employers from liability; re-

certification of schemes ($15)

128

a. Text of $ 15

128

b. Effect of this section

128

XVIII. Repealing clause ($ 16)

128

a. Text of $ 16

128

b. Effect of this section

129

XIX. Citing clause ($ 17)

129

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