Decisions of the Court of Arbitration Under "The Workers' Compensation for Accidents Act, 1900"., المجلد 6Government printer, 1908 |
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عبارات ومصطلحات مألوفة
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مقاطع مشهورة
الصفحة 21 - ... in the case of partial incapacity the weekly payment shall in no case exceed the difference between the amount of the average weekly earnings of the workman before the accident and the average weekly amount which he is earning or is able to earn in some suitable employment or business after the accident, but shall bear such relation to the amount of that difference as under the circumstances of the case may appear proper.
الصفحة 77 - if a workman in the reasonable performance of his duties sustains a physiological injury as the result of the work he is engaged in' * * * 'this is accidental injury in the sense of the statute.
الصفحة 67 - means any person employed by an employer to do any skilled or unskilled manual or clerical work for hire or reward...
الصفحة 12 - The fact that the injury was occasioned by the employee's disobedience to an order is not decisive against him. To have that effect, the disobedience must have been willful, or, as was said by Lord Loreburn in Johnson v. Marshall Sons & Co., Ltd., [1906], App. Cas. 409, 411, [5 Ann. Cas. 630], 'deliberate, not merely a thoughtless act on the spur of the moment.
الصفحة 7 - In fixing the amount of the weekly payment, regard shall be had to any payment, allowance or benefit which the workman may have received from the employer during the period of his incapacity...
الصفحة 62 - The burden, and the whole burden, of proving the conditions essential to the obtaining an award of compensation, rests upon the applicant, and upon nobody else, and if he leaves the case in doubt as to whether those conditions are fulfilled or not, where the known facts are equally consistent with their having been fulfilled or not fulfilled, he has not discharged the onus which lies upon him.
الصفحة 76 - Fenton felt something which he described as a "tear" in his "inside," and it was found that he was ruptured. Fenton was a man of ordinary health and strength. There was no evidence of any slip, or wrench, or sudden jerk. It may be taken that the injury occurred while the man was engaged in his ordinary work, and in doing or trying to do the very thing which he meant to accomplish.
الصفحة 70 - ... earnings on full time for such less period. In fixing the amount of the weekly payment, regard shall be had to the difference between the amount of the average earnings of the workman before the accident and the average amount he is able to earn thereafter as wages in the same employment or otherwise.
الصفحة 28 - New Zealand Legislature. — The New Zealand Constitution Act, 15 and 16 Vic. c. 72, sec. 53, gives' the Legislature of New Zealand power to enact a law giving to a servant a right to compensation in respect of an accident happening on the voyage of a New Zealand ship between two New Zealand ports. A seaman engaged on such a voyage is a " worker " within the meaning of sec. 2 of the Workers' Compensation for Accidents Act, 1900.
الصفحة 7 - Act in respect of any injury which does not disable the workman for a period of at least two weeks after the date of the accident from earning full wages at the work at which he was employed...