PART I WORKMEN'S COMPENSATION AS DISTINGUISHED FROM EMPLOYERS' LIABILITY. SEC. 1. HISTORY OF COMPENSATION LEGISLATION IN NEW YORK. LAW. EMPLOYMENTS SUBJECT TO THE ACT. COMPENSATION AND DEATH BENEFITS. DOUBTFUL EMPLOYMENTS. EMPLOYMENTS EXPRESSLY EXEMPTED. NON-HAZARDOUS EMPLOYMENTS. CASUAL EMPLOYMENTS. SALESMEN. INJURIES RESULTING IN DISFIGUREMENT. DEPENDENTS WHO RECEIVE NO COMPENSATION. INJURIES RECEIVED BY OFFICE EMPLOYEES. DAMAGES FOR LOSS OF SERVICES. OCCUPATIONAL DISEASES. INJURIES RECEIVED OUTSIDE THE STATE. ADMIRALTY JURISDICTION. ADMIRALTY JURISDICTION EDY OF EMPLOYEES. -OPTIONAL REM THE FEDERAL EMPLOYERS' LIABILITY ACT— RAILROAD EMPLOYEES. INDEPENDENT CONTRACTORS. EMPLOYEES INJURED THROUGH NEGLIGENCE OF THIRD PERSONS. § 1. History of compensation legislation in New York. The legislature of New York adopted a compulsory compensation act in 1910 which applied to certain dangerous employments. This law was immediately attacked in the Courts upon the ground that it authorized the taking of property without due process of law in violation of the 14th amendment to the Federal constitution and in violation of Section 6 of Article I of the State Constitution. It was declared unconstitutional by the Court of Appeals in the case of Ives vs. South Buffalo Railway Co., 201 N. Y. 271, in January, 1911. This decision was based principally upon the provision of the act which imposed the payment of compensation upon employers who had not been guilty of any fault contributing to the injury. The Court of Appeals indicated that the decision might have been different had the Act been authorized by the State constitution. An amendment to the constitution permitting the enactment of a compulsory statute for the payment of compensation without regard to fault was adopted by the people at the general election in 1913. The present compensation act,' which is the subject of this work, was passed by the Legislature in Special Session in 1913 and was re-enacted at the regular session in 1914. It was held not in violation of the Federal constitution in Matter of Jensen vs. Southern Pacific Co., 215 N. Y. 514. A provision was added to the compensation law by the amendments of 1916, under which employers who are not subject to the act and their employees, may, by joint election, become subject to its provisions. There is also in force in the State of New York another elective compensation law, being Article 14 of the Labor Law." Only a very few employers and employees have ever elected to come within its provisions. It is now superseded by the amendment to the compulsory act at least insofar as its provisions are inconsistent therewith. 'Chapter 67 of the Consolidated Laws, being Chapter 816 of the Laws of 1913, as re-enacted and amended by Chapter 41 of the Laws of 1914, and as amended by Chapter 316, Laws of 1914; Chapters 167, 168, 615 and 674, Laws of 1915, and by Chapter 622, Laws of 1916. 'Chapter 352, Laws of 1910. |