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August 29, 1936

Administration of Workmen's Compensation

JAMA. 1936;107(9):739. doi:10.1001/jama.1936.02770350107032

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Abstract

Ever since the enactment of the first workmen's compensation law in the United States, there have been almost continuous changes in the state statutes, commission regulations and methods of administration. All who are interested in workmen's compensation and in the problems of governmental administration will find this study helpful not only in its discussion of the many intricate problems involved but also in its presentation of those methods of administration which have proved most satisfactory. The author first presents a historical sketch in which he discusses the common law liability defenses as developed by the courts prior to the adoption of workmen's compensation laws. These common law defenses are the fellow servant doctrine, the assumption of risk, and contributory negligence. Insufficient compensation for the injured workmen, wastefulness of the system, delay, and antagonism between employer and employee are some of the conditions of the liability system which commissions and individuals

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