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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: us supreme court Year: 1980 Page 1 of about 86 results (0.127 seconds)

Dec 15 1980 (FN)

Potomac Elec. Power Co. Vs. Director, Owcp

Court : US Supreme Court

Decided on : Dec-15-1980

..... the statute nor its legislative history warrants the interpretation that the court adopts. the starting point, of course, is the statute's definition of "disability." section 2(10) of the act, 33 u. s c. 902 (10), define "disability" as "incapacity because of injury to earn the wages which the ..... employee was receiving at the time of injury in the same or any other employment." as used in the act, therefore, "disability" is an economic concept, rather than a medical one. an injury is not compensable under the act ..... , n. 28 (1979). to this extent, the schedule is an exception to the principle that disability is an economic concept, rather than a medical one, but it is an exception that congress deliberately chose to make. in addressing the second of the "principal difficulties" presented by the then ..... the employees. employers give up the common law defenses of the fellow servant rule and assumption of risk. employees are assured hospital and medical care and subsistence during the convalescence period. in return for a fixed schedule of payments and a fixed amount in the event of the ..... the interest of justice, fix such wage-earning capacity as shall be reasonable, having due regard to the nature of his injury, the degree of physical impairment, his usual employment, and any other factors or circumstances in the case which may affect his capacity to earn wages in .....

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Jul 02 1980 (FN)

indus. Union Dept. Vs. Amer. Petroleum Inst.

Court : US Supreme Court

Decided on : Jul-02-1980

..... the uncertainty of scientific views. recognizing that existing knowledge may be inadequate, congress did not require the secretary to wait until definitive information could be obtained. thus, "it is not intended that the secretary be paralyzed by debate surrounding diverse medical opinions." h.r. rep. no. 91-1291, p. 18 (1970), leg.hist. 848. third, congress' special concern ..... proposed that 6(b)(5) be deleted entirely, see ante at 448 u. s. 647 , if he had not thought that other sections of the act required health regulations that were reasonable and practical. [ footnote 2/6 ] congress has assigned osha an extremely difficult and complex task, and the guidance afforded osha is considerably less than clear. the agency ..... that "most adequately assures . . . that no employee will suffer material impairment of health or functional capacity," also contains phrases implying that the secretary should consider differences in degrees of significance, rather than simply a total elimination of all risks. thus, the standard to be selected is one that "most adequately assures, to the extent feasible, on ..... of standards under this subsection shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. in addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience gained under .....

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Apr 22 1980 (FN)

Carlson Vs. Green

Court : US Supreme Court

Decided on : Apr-22-1980

..... ] indeed, in discussing the scope of authority conferred on federal courts by 1983, senator thurman stated at the time 1983 was adopted: "[this section's] whole effect is to give the federal judiciary that which now does not belong to it -- a jurisdiction that may be constitutionally conferred ..... that repudiated in erie and hudson & goodwin. this determination raises such questions as the types of damages recoverable, the injuries compensable, the degree of intent required for recovery, and the extent to which official immunity will be available as a defense. and the creation of such ..... statute or regulation, whether or not such statute or regulation be valid." 28 u.s.c. 2680(a). [ footnote 2/2 ] i do not suggest that courts enjoy the same degree of freedom to infer causes of action from statutes as from the constitution. see davis v. passman, 442 u. s. ..... personal injuries from which he died because petitioner prison officials violated, inter alia, his eighth amendment rights by failing to give him proper medical attention. asserting jurisdiction under 28 u.s.c. 1331(a), respondent claimed compensatory and punitive damages. the district court held that the ..... hospital. the complaint further alleges that jones' death resulted from these acts and omissions, that petitioners were deliberately indifferent to jones' serious medical needs, and that their indifference was in part attributable to racial prejudice. [ footnote 2 ] this question was presented in the petition for certiorari, but not .....

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Jun 23 1980 (FN)

O'Bannon Vs. Town Court Nursing Ctr.

Court : US Supreme Court

Decided on : Jun-23-1980

..... part: "in order to participate in the medicare program, a skilled nursing facility must meet the statutory requirements contained in section 1861(j) of the act, 42 u.s.c. 1395x(j), as well as all other health and safety requirements established by the secretary in subpart ..... to reject this argument. by focusing solely on the "indirectness" of resulting physical and psychological trauma, the court implies that, regardless of the degree of the demonstrated risk that widespread illness or even death attends decertification-induced transfers, it is of no moment. i cannot join such a ..... that an "opportunity for a hearing shall be granted to any applicant who requests a hearing because his or her claim for financial assistance . . . or medical assistance is denied, . . . and to any recipient who is aggrieved by any agency action resulting in suspension, reduction, discontinuance, or termination of assistance." ..... petitioner in this court. [ footnote 8 ] title 42 u.s.c. 1396a(a)(23) (1976 ed., supp. ii) provides, in relevant part: "[a]ny individual eligible for medical assistance (including drugs) may obtain such assistance from any institution, agency, community pharmacy, or person, qualified to perform the ..... inquiry into the indirect character of the patient's loss has any place in this case. [ footnote 2/4 ] because the "indirectness" of a result inevitably is a question of degree, and because countervailing considerations are likely to appear, i would prefer to treat "indirectness" as, at .....

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Jun 27 1980 (FN)

United States Vs. Ward

Court : US Supreme Court

Decided on : Jun-27-1980

..... the fwpca prohibited the discharge into navigable waters or onto adjoining shorelines of oil or hazardous substances in quantities determined by the president to be "harmful." [ footnote 2 ] section 311(b)(5) of the act imposed a duty upon "any person in charge of a vessel or of an onshore facility or an offshore facility" to report any discharge of oil or a ..... 1187 (1979). although admitting that congress had labeled the penalty provided for in 311(b)(6) as civil, and that the use of funds collected under that section to finance the administration of the act indicated a "remedial" purpose for the provision, the court of appeals tested the statutory scheme against the standards set forth in kennedy v. mendoza-martinez, 372 u ..... be used to finance the removal, containment, or dispersal of oil and hazardous substances discharged into navigable waters and to defray the costs of administering the act. 33 u.s.c. 1321(1). another section of the act allowed the united states government to collect the costs of removal, containment, or dispersal of a discharge from the person or corporation responsible for that ..... clearly aimed at exacting retribution for causing the spill: "the penalties are based on such factors as the gravity of the violation, the degree of culpability, and the prior record of the party. the fact that a party acted in good faith, could not have avoided the discharge and, once it occurred, undertook cleanup measures immediately is to be given no consideration .....

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Dec 15 1980 (FN)

United States Vs. Will

Court : US Supreme Court

Decided on : Dec-15-1980

..... fiscal year on october 1. this complex web of base salaries adjusted annually for civil service employees and again quadrennially for higher-rank positions has led to the following statutory definition of a united states district judge's compensation: "each judge of a district court of the united states shall receive a salary at an annual rate determined under ..... standards of 455. notwithstanding this concurrence of views resulting from the government's concession, the sensitivity of the issues leads us to address the applicability of 455 with the same degree of care and attention we would employ if the government asserted that the district court lacked jurisdiction or that 455 mandates disqualification of all judges and justices without exception. in ..... section 225 of the federal salary act of 1967 (2 u.s.c. 351-361), as adjusted by section 461 of this title." 28 u.s.c. 135. similarly phrased statutes apply to all other article iii judges. [ footnote ..... of tobacco. see generally l. gipson, the coming of the revolution, 1763-1775, pp. 454 (1954); scott, the constitutional aspects of the "parson's cause," 31 pol.sci.q. 558 (1916). although ultimately the tobacco statutes and the subsequent cases are more important as indications of early dissatisfaction with the crown, the widespread publicity surrounding them surely made the framers wary .....

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May 12 1980 (FN)

Cuyler Vs. Sullivan

Court : US Supreme Court

Decided on : May-12-1980

..... not undertaken multiple representation. petitioners claim that this determination by the pennsylvania supreme court was a factfinding entitled to a presumption of correctness under 28 u.s.c. 2254(d). section 2254(d) provides that "a determination after a hearing on the merits of a factual issue, made by a state court of competent jurisdiction . . . [and] evidenced by a ..... . two privately retained lawyers, g. fred dibona and a. charles peruto, represented all three defendants throughout the state proceedings that followed the indictment. sullivan had different counsel at the medical examiner's inquest, but he thereafter accepted representation from the two lawyers retained by his codefendants because he could not afford to pay his own lawyer. [ footnote 1 ] at ..... writ of habeas corpus by showing that his retained defense counsel represented potentially conflicting interests. i respondent john sullivan was indicted with gregory carchidi and anthony dipasquale for the first-degree murders of john gorey and rita janda. the victims, a labor official and his companion, were shot to death in gorey's second-story office at the philadelphia headquarters ..... to counsel." congress has postponed the effectiveness of rule 44(c) until december 1, 1980, or until, and to the extent approved by, an act of congress, whichever is earlier. pub.l. 92-42, 93 stat. 326. [ footnote 2/2 ] though proposed rule 44(c), n. 1, supra, provides a good model, the court's inquiry need not take any particular form. .....

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May 09 1980 (SC)

Miss. Nishi Maghu and ors. Vs. State of Jammu and Kashmir and ors.

Court : Supreme Court of India

Decided on : May-09-1980

Reported in : AIR1980SC1975; (1980)4SCC95; [1980]3SCR1253

..... the selection test.13. counsel for the petitioners in writ petitions 1556-57 of 1979 sought to make a point that the regulations framed by the indian medical council under the indian medical council act, 1956 do not contemplate interview as a selection device regulating admission of students. the position is not so clear from the affidavit filed on behalf of the ..... also lead to the development of human resources', it had therefore 'become necessary to provide equal opportunities to the permanent resident candidates of all parts of the state and all sections of society'. the order then lays down the following rules for admission until further orders, it is said, with the aforesaid object in view :(1) 50 per cent of ..... 'possessing outstanding proficiency in sports'.5. it is necessary to refer to two more orders. an order made on april 16, 1976 provides that 10 seats at the government medical college, jammu, shall be earmarked for girl students 'subject to enough girl students being found otherwise suitable'. the order also lays down the procedure to be followed by the ..... annexure to the order containing instructions concerning the 'identification of the persons claiming benefit' under clause 2 of the order and the 'procedure connected therewith'. the instructions define the different categories mentioned in clause (2). for the present purpose it will be necessary to refer to the definitions of 'areas adjoining actual line of control', 'bad pockets', and 'social castes'.areas adjoining .....

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Oct 08 1980 (SC)

Commissioner of Sales Tax, State of Gujarat Vs. Union Medical Agency

Court : Supreme Court of India

Decided on : Oct-08-1980

Reported in : AIR1981SC1; (1981)1SCC51; [1981]1SCR870; [1981]47STC170(SC); 1981(13)LC107(SC)

..... be supported.9. the short question that falls for determination in the appeal is whether the expression 'registered dealer' in clause (ii) of section 8 of the act must bear the meaning that is assigned to it in section 2(25) which is the definition section, or the said expression is capable of bearing an enlarged meaning, in view of the subject and context in which it ..... business in spirit and alcohol, and was a dealer registered under section 22 of the act (hereinafter referred to as 'the assessee'). in the assessment year 1964-65, the corresponding accounting year of which ..... ) of section 61 of the bombay sales tax act, 1959 (hereinafter referred to as 'the act'). by that judgment the high court answered the question referred in the affirmative and in favour of the assessed. the point involved is of considerable importance.6. the facts giving rise to the reference were these : messrs union medical agency, ahmedabad was, at all material times, carrying on .....

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Jul 29 1980 (SC)

Shrishailagouda and ors. Vs. Gurusangappa Ramasangappa Desai and anr.

Court : Supreme Court of India

Decided on : Jul-29-1980

Reported in : AIR1980SC1759; 1980Supp(1)SCC475; [1981]1SCR116; 1980(12)LC792(SC)

..... relevant facts which have been found or admitted are as follows. the lands in question are paragana watan lands. 'paragana watan' has been defined in section 2(e) of the 1950 act to mean 'a watan appertaining to the office of a hereditary district (paragana) officer in respect of which a commutation settlement has been effected....' the watan in question was originally ..... considered by this court in the collector of south satara and anr. v. laxman mahadev deshpande and ors. : [1964]2scr48 . after referring to the definitions of 'watan property' and 'hereditary offices' in section 3 of the watan act this court observed :it is clear that the watan property, if any, the hereditary office, and the rights and privileges attached thereto, together constitute a ..... be liable to pay land revenue state government....the appellants and the respondent both applied to the prescribed authority for regrant of the aforesaid watan lands to them under section 4 of the act. the assistant commissioner, jamkhandi, held that the respondent was the holder of the watan and as such was entitled to an order of regrant. on appeal preferred by ..... proceedings who held that the rejection of the application did not take away the right of the watandar to ask for a regrant of the watan lands under section 4 of the 1950 act. from the judgment of the high court it does not appear the point was argued there, and normally the appellants should not be allowed to take the point .....

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