A Study of Judicial Decisions in New York Workmen’s Compensation Cases

A knowledge of court decisions and their tendencies in workmen's compensation cases is of importance to the casualty actuary for the same reason that an understanding of legislative enactments is necessary to a proper valuation of insurance costs. I have a feeling that this element of cost reflecting judicial decisions has not received the same careful attention, and has not been subjected to the same studious process of analysis as the changes in legislation that take place almost every year. The indifference on this subject may be ascribed to an imperfect appreciation of the part played by the courts in changing the scope of the law. There exists a wide-spread belief that the legislature alone is responsible for creative law, and that the functions of the courts are limited to construction and interpretation. This idea is based on a superficial understanding of the forces which operate to create law.