(Download) "Kelly v. West Coast Const. Co. Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Kelly v. West Coast Const. Co. Et Al.
- Author : Supreme Court of Montana
- Release Date : January 21, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Workmens Compensation ? When Findings of Industrial Accident Board Conclusive on Appeal to District Court ? Preponderance of Evidence ? Permanent Disability of Claimant ? Continuing Jurisdiction of Board. Workmens Compensation ? Appeal to District Court ? Conflict in Evidence ? When Court may not Reverse Order of Industrial Accident Board. 1. On appeal to the district court from an award made by the Industrial Accident Board under the Workmens Compensation Act deemed by claimant to be insufficient, presented to the court on the record made by the board disclosing a conflict in the evidence, the court may not reverse the board unless the evidence clearly preponderates against the boards findings. Same ? Appeal to District Court ? Rule Where Additional Evidence Heard by Court. 2. Where additional, but unimportant, evidence is offered on appeal to the district court in a workmens compensation case, the court is bound by the rule above, but where the additional evidence is important, it must consider the record before the board and such additional evidence, and upon the evidence as a whole decide the case. Same ? Permanent Disability ? Error of Court in Finding Such Disability on Evidence. 3. Where the Industrial Accident Board by its award to claimant clearly indicated that it did not consider his injury of a permanent character, basing its decision upon the testimony of four physicians, claimants physician on the other hand testifying, that his client was totally and permanently disabled, judgment of the district court on appeal, at which some additional evidence was introduced which added but little to the record as made by the board, finding claimant permanently disabled and fixing compensation accordingly, held unwarranted. Same ? Duty of Industrial Accident Board Where Permanency of Injury in Doubt. 4. After the Industrial Accident Board had made a finding that a claimant was totally disabled and then made an award of $16.50 per week for 78 weeks, without limiting the payment to that amount, with which claimant was dissatisfied and appealed to the district court which erroneously found that he was not only totally but permanently disabled, it is the duty of the board, after payment of the 78 weeks - Page 464 compensation, under its continuing jurisdiction to make such further order with reference to compensation as the condition of claimant may justify, up to the maximum allowed by law.