(Download) "House v. Anaconda Cop. Min. Co." by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: House v. Anaconda Cop. Min. Co.
- Author : Supreme Court of Montana
- Release Date : January 18, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Workmens Compensation ? Construction of Act as to What Constitutes Six-day Work Week in Allowing Compensation for Total Temporary Disability ? Purpose of Act ? Judicial Notice ? Appeal. Workmens Compensation ? Industrial Accident ? Findings ? Substantial Evidence Rule ? Appeal. 1. Finding of the district court, in a workmans compensation proceeding, that claimant suffered an industrial accident and that disability existed and continued for a period of twenty-six weeks for which compensation was allowed, as shown by the testimony of a fellow workman and that of a physician, held supported by substantial evidence and therefore may not be interfered with by the supreme court on appeal. Same ? Evidence Showing That Claimant Also Afflicted With Buergers Disease ? Finding of Industrial Accident not Affected. - Page 407 2. The above ruling held not changed by the fact that while it appeared from the record that the injured workman (a miner) suffered a back injury, he was also afflicted with Buergers disease which affected one of his legs, there being substantial evidence that the disease originated with the injury, and that its continuance was due primarily to the back injury. Same ? Construction of Workmens Compensation Act as to What Constitutes Work Week so Far as Compensation Is Concerned ? Case at Bar. 3. Claimant (a miner) for compensation under the Workmens Compensation Act sustained a back injury while working under the five-day week rule established in the mining industry, at a daily wage of $5.25. The Industrial Accident Board made, and the district court on appeal affirmed, an award of $21 for 26 weeks, the maximum prescribed by section 2912, Revised Codes, for total temporary disability, on the basis of a six-day work week. Held, in answer to the contention of the employer (insurance carrier) that the actual wage received under the five-day work week should have been used as the base to which the percentage provided by section 2912 (66 2/3%) is to be applied, that the section must be construed in connection with sections 2874 and 2875 (parts of the Workmens Compensation Act), the first of which declares that six working days shall constitute a week, and the latter providing that the word "wages" means the average daily wage received for the usual hours of employment in a day, overtime not to be considered, and that as so construed the award made by the board and approved by the district court was correct. Purpose of Legislature in Enacting Workmens Compensation Law. 4. The purpose of the legislature in enacting the Workmens Compensation Law was, not to provide for damages to injured employees ? in which case the actual wages received would be the conclusive measure of the loss sustained plus pain and suffering ? but to provide a form of insurance and placing the loss on the particular industry, thus insuring that the workmen will not be charges on the public. Same ? Statutory Construction ? Of What Supreme Court May Take Judicial Notice. 5. In construing the Workmens Compensation Act as above (see par. 3), the supreme court may take judicial notice of the fact that the legislature at three sessions defeated attempts to so amend the Act as to provide for a five-day working week in place of the statutory six-day week contended for by appellant insurance carrier, as well as consider the interpretation placed upon the Act by the Industrial Accident Board, the body charged with its administration.
 "House v. Anaconda Cop. Min. Co." by Supreme Court of Montana " eBook PDF Kindle ePub Free){kind=link}