Judgment Search Results Home > Cases Phrase: war injuries compensation insurance act 1943 Court: us supreme court Page 1 of about 1,688 results (0.087 seconds)

Gange Lumber Co. Vs. Rowley

Court : US Supreme Court

..... the controversy results from a 1941 amendment of the washington industrial insurance act [ footnote 4 ] by which the time allowed for the beneficiary of an award to apply for additional compensation on account of aggravation of his injury was extended from three to five years after the establishment (or termination) of compensation or, by virtue of a proviso, to five years from the amendment's page 326 u. s. ..... 295 appeal from the supreme court of washington syllabus prior to the 1941 amendment of the washington industrial insurance act, there was a 3-year limitation on the filing by a workman of a claim for readjustment of compensation on account of aggravation of injury. ..... the state supreme court has characterized the system as neither an employers' liability act nor an ordinary workmen's compensation act, but rather as an industrial insurance statute having all the features of an insurance act. ..... [ footnote 2 ] [ footnote 3 ] washington's original workmen's compensation (or, more properly, industrial insurance) act was adopted in 1911, laws of wash.1911, c. ..... the award was for compensation on account of the aggravation, by 1943, of injuries originally page 326 u. s. ..... rowley's claim for aggravation was not filed until march 19, 1943, more than five years from the time the original award was "closed," but less than five years from the date the 1941 amendment, with the proviso, became effective. ..... 7686; (1943 perm.supp. .....

Hust Vs. Moore-mccormack Lines, Inc.

Court : US Supreme Court

..... general agent for all crew expenditures, accruing during the term hereof, in connection with the vessels hereunder, including, without limitation, all disbursements for or on account of wages, extra compensation, overtime, bonuses, penalties, subsistence, repatriation, travel expense, loss of personal effects, maintenance, cure, vacation allowances, damages or compensation for death or personal injury or illness, and insurance premiums, required to be paid by law, custom, or by the terms of the ship's articles or labor agreements, or by action of the maritime ..... 1: "(a) officers and members of crews (hereinafter referred to as 'seamen') employed on united states or foreign flag vessels as employees of the united states through the war shipping administration shall, with respect to (1) laws administered by the public health service and the social security act, as amended by subsection (b)(2) and (3) of this section; (2) death, injuries, illness, maintenance and cure, loss of effects, detention, or repatriation, or claims arising therefrom not covered by the foregoing clause (1), and (3) collection of wages and ..... a seaman employed on a ship owned by the united states and operated for the war shipping administration by a private company "as its agent and not as an independent contractor" under the standard form of general agent service agreement was injured a few days before the effective date of the clarification act of march 24, 1943, due to the negligent operation of the ship. .....

United States Vs. Spaulding

Court : US Supreme Court

..... on that day, he certified that he had the following disabilities entitling him to compensation under the war risk insurance act: infection of the left antrum, malocclusion of the teeth, stomach trouble, and heart ..... notwithstanding his need of money for the support of his family and himself, he failed for nearly nine years to sue for the insurance money now claimed strongly suggests that he had not suffered total permanent disability covered by the policy. ..... that, notwithstanding his need of money for the support of his family and himself, he failed for nearly nine years to sue for the insurance money now claimed strongly suggests that he had not suffered total permanent disability covered by the policy. ..... for total permanent disability alleged to have resulted from kidney disease and injuries received in an airplane crash occurring while the policy was in force. ..... years and quits work in 1930, and then, in 1932, still has a diagnosis of only mild nephritis, i would say that he had injured himself, for a man with that type of disease would injury his health by doing any kind of work. ..... noted their opinion that the nephritis was due to toxic materials absorbed from the antrum, and that infection of the antrum resulted from injuries sustained in the airplane crash. ..... had impaired his health by working, and that, "in my opinion at the time i first examined him and since that time, he has not been capable of continuously carrying on a substantially gainful occupation without injury to his health. .....

SilberscheIn Vs. United States

Court : US Supreme Court

..... of the district court dismissing an action brought against the united states under subdivision 20 of jud.code 24 on a claim for compensation under the war risk insurance act upon the ground that the determination of the matter by the director of the veterans' bureau was final and not reviewable by ..... the question whether the united states may be sued under subdivision 20, 24, of the judicial code upon a claim for compensation arising under 300 of the war risk insurance act, as amended by 10, c. ..... the war risk insurance act, as amended, commits to the director of the veterans' bureau the duty and authority of administering its provisions and ..... very full review, dismissed the petition, holding that it was the evident intention of congress to confer upon the director full and exclusive authority to decide all questions arising under the act, insofar as they involved the exercise of executive duties and required the determination of disputed questions of fact, and, to the extent indicated, to make his decision final and not reviewable ..... so far as necessary to be stated, provides that compensation shall be paid to any enlisted man for a disability resulting from personal injury suffered or disease contracted in the line of duty when ..... disability, to be compensable under the statute, must have resulted from injury or disease caused or ..... out, it is not alleged that such evidence showed that such disability resulted from injury or disease caused or aggravated "in the line of duty," as provided by the .....

Ridgway Vs. Ridgway

Court : US Supreme Court

..... " [ footnote 3/17 ] it is of interest that, in an early case involving a dispute between a serviceman's mother, who had been designated as the sole beneficiary of an insurance policy under the war risk insurance act of 1917, 40 stat. ..... [ footnote 3/16 ] in the war risk insurance act of 1917, 402, 40 stat. ..... war risk insurance act of oct. ..... of america (prudential) pursuant to the servicemen's group life insurance act of 1965 (sglia), and april was the designated beneficiary. ..... the court holds that the servicemen's group life insurance act of 1965 (sglia or act) broadly preempts state law. ..... exemption statute provided "no money or other benefit paid, provided, allowed, or agreed to be paid by any company on account of the disability from injury or sickness of any insured person shall be liable to execution, attachment, garnishment, or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law, to pay any debt or liability of such insured person whether such debt or liability was incurred before or after the commencement of such disability, but the provisions of this section ..... , construction and application of provisions of federal statutes in relation to exemption from claims of creditors of amounts paid as pensions, war risk insurance, compensation, bonus, or other relief for veterans, 109 a.l.r. ..... see de funiak, community property, 11 (1943). .....

Union of India (Uoi) Vs. the Steel Stock Holders Syndicate Poona

Court : Supreme Court of India

Reported in : AIR1976SC879; (1976)3SCC108; [1976]3SCR504

..... when the railways assume this responsibility, broadly speaking, they will be liable for loss of or injury to goods while in transit by rail arising from any cause whatsoever, unless such loss or injury is proved by the railways to have been caused by an act of god, or by an act of war, or by an act of public enemies or is proved to be consequence of inherent vice in the thing carried or is attributable to the consignor's own fault. ..... plaintiff was a stockist and as the money in the bank remained idle for a period of more than six months due to the delayed delivery made by the railway on account of its negligence, the plaintiff merely claimed compensation for this delayed delivery on the basis that if the amount was not locked up it would have earned some interest which would yield some profit to the plaintiff. ..... we are of the opinion that section 73 of the new act, while converting the liability of the railway administration from that of a carrier to that of an insurer, has imposed heavier responsibility on the railway administration. 10. ..... in view of the new problems facing the government and the public demand for a change in the law, the government appears to have decided to convert the responsibility of the railway from that of a carrier to that of an insurer. .....

Miller Vs. United States

Court : US Supreme Court

..... section 11(3) of the act of december 24, 1919, amending 302 of the war risk insurance act, bringing conclusively within the term "total permanent disability" the specific loss of a hand and an eye, is limited in its operation to compensation allowances, and has no application to war risk insurance. p. ..... january 22, 1918, there was issued to him a war risk insurance policy by the terms of which he was entitled to receive $57.50 per month in the event of his sustaining injuries causing total and permanent disability. ..... to entitle an insured under a policy of war risk insurance to benefits conditioned on total permanent disability, he has the burden of showing not only the character and extent of his injury, but also that, as the result of the injury, he was disabled permanently from following any substantially gainful occupation. ..... it appeared that, while the insured was unable after the injury (loss of an arm and an eye) to follow the occupation in which he was engaged prior to entering the service (surveying), and while, because of the injury, he was thereafter unable to continue in employments requiring the use of both hands, yet he did undertake other gainful occupations, in which he failed not because of his physical condition but because of his general inaptitude for ..... burden was on petitioner not only to show the character and extent of his injury, but also to show that the result of the injury was to disable him permanently from following any substantially gainful occupation. .....

Lynch Vs. United States

Court : US Supreme Court

..... section 5 of the economy act, providing: "all decisions rendered by the administrator of veterans' affairs under the provisions of this title or the regulations issued pursuant thereto, shall be final and conclusive on all questions of law and fact, and no other official or court of the united states shall have jurisdiction to review by mandamus or otherwise any such decision," does not relate to war risk insurance, but concerns only pensions, compensation allowances and special privileges, all of which are ..... , or retirement pay to veterans and the dependents of veterans of the spanish-american war, including the boxer rebellion and the philippine insurrection, and the world war, or to former members of the military or naval service for injury or disease incurred or aggravated in the line of duty in the military or naval service (except so far as they relate to persons who served prior to the spanish-american war and to the dependents of such persons, and the retirement of officers and enlisted ..... " "the provisions of this act shall not apply to compensation or pension (except as to rates, time of entry into active service and special statutory allowances), being paid to veterans disabled, or dependents of veterans who died, as the result of disease or injury directly connected with active military or naval service (without benefit of statutory or regulatory presumption of service connection) pursuant to the provisions of the laws in effect on the date of enactment of this act. .....

S.iyyapan Vs. M/S United India Insurance Co.Ld.and anr.

Court : Supreme Court of India

..... reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the code of civil procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the insurance act, 1938 (4 of 1938) and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent ..... insurance of motor vehicles against third party risks given in chapter xi of the motor vehicles act, 1988 (chapter viii of 1939 act) itself shows the intention of the legislature to make third party insurance compulsory and to ensure that the victims of accident arising out of use of motor vehicles would be able to get compensation for the death or injuries ..... any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by the non- disclosure of a material fact or by a representation of fact which was false in ..... (3) the exclusion clause has to be read down in order that it is not at war with the main purpose of the provisions enacted for the protection of victims of accidents so that the promisor is .....

MargolIn Vs. United States

Court : US Supreme Court

..... on the petitioner for receiving a fee of $1,500 as compensation for services in preparing and presenting to the veterans' bureau a claim for insurance money under the war risk insurance act. ..... 98 collection of claims against the bureau of war risk insurance for death, personal injury, or detention, except when proceedings are taken in accordance with section five in a district court of the united states, in which case the judge shall, as a part of his determination and order, settle and determine the amount of compensation not to exceed ten percentum of amount recovered, to be paid by the claimant on ..... behalf of whom such proceedings are instituted to his legal adviser or advisers, and it shall be unlawful for any lawyer or other person acting ..... nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to establish the right to benefits of allowance, allotment, compensation, or insurance provided for in this act, the forms of application of those claiming to be entitled to such benefits, the methods of making investigations and medical examinations, and the manner and form of .....