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النشر الإلكتروني

CALENDAR WEEKS.

Use of, in determining average weekly earnings, 156.

CARS.

Injuries received while getting on or off moving cars, as arising out of the em-
ployment, 49.

CASUAL EMPLOYEES.

As workmen under the English act, 120.

As within the provisions of the American statutes, 247.

Review of cases on who are casual employees within the meaning of the workmen's
compensation acts, 365.

CERTIFYING SURGEONS.

Functions of, with reference to industrial diseases, 110.

CHARWOMAN.

As workman under the English act, 120.

CIRCUMSTANTIAL EVIDENCE.

As proof that injury was caused by accident, 40, 231.

As basis of finding that accident arose out of and in the course of the employment,
70, 231.

That death was due to accident, 134.

See also EVIDENCE.

CITING CLAUSE.

Of English act, 129.

CLAIM FOR COMPENSATION.

Text of the English act requiring claim for compensation to be made, 83.
Construction of provisions relative to, 85.

Time within which claim must be made, 86.

CLEM v. CHALMERS MOTOR CO.

Decision in full, 352.

CLIMATE.

Injuries caused by unusual conditions of, as arising out of the employment, 43.

COMMITTEE.

Representative of the employer and his workmen, functions of, 177.

COMPENSATION RECOVERABLE.

Text of schedule I. of the English act, 129.

By dependents, 134, 253.

By injured employee, generally, 141-149, 254.

Recovery of compensation where action for damages has failed, 81-83.

COMPULSORY STATUTES.

Constitutionality of, 415.

CONCURRENT EMPLOYMENTS.

Consideration of wages from, in determining average weekly earnings, 152.

CONFINEMENT.

In prison, as terminating right to compensation, 31, 137.

CONFLICT OF LAWS.

With reference to compensation acts, 443.

CONJECTURE.

Finding of accident not to be based on mere, 40.

Finding that accident arose out of and in the course of the employment, not to be
based on, 68.

CONSTITUTIONAL LAW.

Constitutionality of workmen's compensation and industrial insurance statutes, 409.

CONSTRUCTION.

Strict or liberal construction of American statutes, 215.

CONTINUITY OF EMPLOYMENT.

As affecting average weekly earnings, 157.

CONTRACT OF SERVICE.

What constitutes, under the English act, 114.

CONTRACTORS.

Provisions of English act with reference to liability to servants of, 95.

Construction of provisions of English act relative to liability to servants of con-
tractors, 95-97.

CONTRACTS.

Right to contract out of statutes, 93, 227.

Termination of contracts relieving employer from liability, 128.

CONTRIBUTIONS.

By other employers in cases of industrial diseases, 109.

CONTRIBUTORY NEGLIGENCE.

Abrogation of defense of, as affecting validity of statute, 413.

Effect on defense of, of employer's failure to accept the provisions of the optional
acts, 219.

CONVEYANCE.

Injuries received while riding in forbidden conveyance, as arising out of and in
the course of the employment, 55.

COST OF MAINTENANCE.

Of minor child, as affecting amount of compensation for his death, 136.

COSTS.

Allowance of, where workman's action at common law or under employer's liability
act has failed, 82.

Allowance of, in compensation proceedings, 181.

Included in indemnity recoverable by employer against third person whose negli-
gence caused the injury, 103.

COUNTY COURT JUDGE.

As arbitrator, 177.

Appeal from decision of, 178.

COURSE OF.

See ARISING OUT OF AND IN THE COURSE OF THE EMPLOYMENT.

COURT OF APPEAL.

When appeals lie to, 100.

Appeals from decision of county court judge to, 178.
Limitation of the powers of, on appeal, 178, 179.

COURTS.

In which proceedings may be brought, 190.

CROWN.

Application of English act to workman under the Crown, 111.

CUSTOM.

Adoption of customary way of operating machine as serious or wilful misconduct,
244.

DAM.

As included in the word "mill" as used in the New Hampshire statute, 217.

DAMAGES.

Right of workman under English act, injured by negligence of the employer, to
bring action for damages, 72–75.

Recovery of compensation where action for, has failed, 81-83.

DANGEROUS.

Injuries received while employee is taking dangerous method of performing his work,
as arising out of the employment, 50.

DEATH.

Serious and wilful misconduct not bar to compensation where injury results in, 78.
Of sole dependent as entitling his representative to claim compensation, 135.

DEATH RESULTS FROM INJURIES.

Meaning of phrase, 132.

DECLARATION OF LIABILITY.

When may be made, 168-170.

DE CONSTANTIN v. PUBLIC SERVICE COMMISSION.

Decision in full, 329.

DEDUCTIONS.

To be made in estimating average weekly earnings, 158.
From award, 190.

DEFENSES.

Abrogation of common-law defenses as affecting validity of statutes, 413.
Common-law defenses of employer as affected by his failure to accept the provisions
of the optional acts, 219.

DEPENDENTS.

Who are, in general, under the English act, 121–126.

Who are, within the meaning of the American statutes, 248.

Determination of question who are, 163.

Amount of compensation recoverable by, 134-136, 253.

Payment of compensation to, 162.

Election by workman to come in under the act as binding upon his dependents in

DEPENDENTS-continued.

As "legal representative" under the New York act, 224.

Death of, as entitling representative to compensation, 135.

Review of cases on when husband and wife are living together within the mean-
ing of the compensation act, 370.

DISABLED FROM EARNING FULL WAGES.

When workman is, 72.

DISABLEMENT.

See SERIOUS AND PERMANENT DISABLEMENT.

DISEASE.

As an accident under the English act, 33-37.

As an accident or a personal injury within the meaning of the American acts, 228.
Intervention of, as excuse for failure to give notice of injury in time, 89, 92.
Intervention of, as affecting incapacity, 137.

Provisions relative to awarding compensation for industrial diseases in the English
act, 106.

Recovery of compensation for industrial diseases under the English act.

In general, 108.

Meaning of phrase "at, or immediately before," 109.

Presumption as to cause of disease, 109.

Contribution by other employers, 109.

Functions of certifying surgeons and medical referee, 110.

Review of cases passing upon the question of recovery of compensation for incapacity
resulting from disease, 289.

DISFIGUREMENT.

Recovery of compensation because of, 256.

DISPUTES.

Arbitration for settlement of, under the English act, 79–81.

DISTRESS COMMITTEE.

Temporary employee of, as workman under the English act, 117.

DIVISIONAL COURT.

When appeals lie to, 100, 112.

DOCK.

As a factory, 203.

DOMESTIC SERVANT.

Injuries received by, lying in bed, as arising out of the employment, 58.

DRINK.

Injuries received while getting a drink as arising out of and in the course of the
employment, 58.

DROWNING.

Unexplained drowning of seaman as arising out of and in the course of his employ-
ment, 69.

As an accident within the meaning of the American statutes, 231.

DRUGGIST.

Wholesale druggist as manufacturer of drugs and chemicals within meaning of

DUE PROCESS OF LAW.

See CONSTITUTIONAL LAW.

EARNINGS.

Review of cases on consideration of possible earnings of injured employee in other
employment in fixing compensation under compensation act, 371.

See also AVERAGE WEEKLY EARNINGS.

ECZEMA.

As accident, 35, 228.

ELECTION.

Right of, to workman under the English act injured by negligence of the employer,
to bring proceedings under the act or to sue for damages, 72-74.

To come in under the optional statutes, 219.

ELECTRICAL STATION.

As a factory, 202.

ELEVATOR.

Injuries received while riding in, contrary to orders, as arising out of and in the
course of the employment, 55.

ELEVATOR OPERATOR.

Who is, within the meaning of the New York act, 218.

When not within the protection of the Washington act, 219.

Recovery of compensation for injuries while employee is riding in, 56.

EMPLOYEES.

Amount of compensation recoverable by incapacitated employee under the American
statutes, 254.

Review of cases on who are casual employees within the meaning of the workmen's
compensation acts, 265.

See also WORKMEN.

EMPLOYERS.

Who are, under the English act, 113.

Who are, within the meaning of the American statutes, 245.

Prejudiced in his defense by failure to receive notice, 86.

Right of appeal from award of compensation by employer insured in state fund, 269.

EMPLOYMENTS.

To which the English acts of 1897 are applicable, 192.

To which American statutes are applicable, 216.

ENGINEERING WORK.

What constitutes, within meaning of English act of 1897, 208.

Meaning of phrase "on or in or about" when used in connection with, 195.
What constitutes "undertakers," in case of, 212.

ENGLISH WORKMEN'S COMPENSATION ACT.
Text of

Section 1, 29.

Section 2, 83.

Section 3, 93.

Section 4, 95.

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