Industrial Accident Board of the State of California (Classic Reprint)
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| Partner: | buecher.de |
| Hersteller: | Forgotten Books (Pillsbury, A. J.) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Industrial Accident Board of the State of California Conditions of Compensation - Evidence. - Under section 3 of the act, compensation can be allowed only when the following facts appear, (1) Both employer and employee are subject to the compensation provisions of the act, (2) Employee at the time of the accident was performing service, (a) within the scope, (b) growing out of, (c) incidental to his employment, (3) and accidental injury approximately caused by accident. Burden of Proof. - The burden of proof is upon the person claiming compensation to show that the above conditions of compensation exist. When this proof has been made, the employee is entitled to compensation unless the employer, shall affirmatively show other facts which would defeat his right to compensation. Inference of Fact. - A fact may be proved by direct or circumstantial evidence. When circumstantial evidence is relied upon, it must be sufficiently strong to justify the Board in drawing an inference of fact. Presumption - Judicial Notice. - The Board will take judicial notice of the acceptance of compensation by the employer and it will be thereafter presumed that his employees are also under compensation, unless the contrary be shown. Construction of the Word "Approximately." - The word "approximately," as used in subdivision 3 of section 3 of the act, is to be given the same construction and meaning that is by law given to the word "proximately." Negligence. - Under section 3 of the act, the right to compensation exists without regard to negligence and therefore negligence on the part of the employer or employee is an immaterial issue. Notice of Injury. - Under section 10 of the act, if failure to serve notice within thirty days after the accident was not due to any intent to mislead the employer and if he was not in fact misled thereby, the claimant is not barred from recovery under the act When an accident resulting in death occurs at the employer´s plant and such employer had full notice and knowledge of the happening of such accident and took steps to fully protect his own interests immediately thereafter, he cannot have been prejudiced by the failure to serve the notice of injury. Release of Liability. - Instrument considered and construed to be a receipt and not a release. A receipt is merely evidence of a fact, it is not conclusive and may be contradicted by parole testimony. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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