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Williams v. Brownfield-Canty Co. Et Al.

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eBook details

  • Title: Williams v. Brownfield-Canty Co. Et Al.
  • Author : Supreme Court of Montana
  • Release Date : January 10, 1933
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 69 KB

Description

Workmens Compensation ? Spinal Meningitis ? Death Due to Disease as Result of Accident ? Evidence ? Sufficiency ? Where Part of Employees Protected by Act, All are ? Effect of Temporary Change of Work by Direction of Employer ? Appeal ? When Decision of Industrial Accident Board Conclusive. Workmens Compensation ? When Findings and Decision of Industrial Accident Board to be Sustained on Appeal. 1. The findings and decision of the Industrial Accident Board relative to compensation claimed under the Workmens Compensation Act must be sustained on appeal if there is any evidence to support them. Same ? Appeal ? Sufficiency of Evidence to Show That Death of Workman Due to Streptococcus Meningitis as Result of Injury. 2. Under the rule that the law does not require demonstration or such a degree of proof as produces absolute certainty, held that medical testimony to the effect that an industrial accident had something to do with streptococcus meningitis from which a workman died about a week after the accident was sufficient in connection with other facts and circumstances to show that the disease was the proximate result of the accident. Same ? If Any of Employees of Concern Covered by Act, All are. 3. Under section 2487, Revised Codes 1921, held, that where an employer has any of his workmen covered by the protection afforded by the Workmens Compensation Act, all his employees will be held to come within its provisions. Same ? Temporary Change of Occupation at Direction of Employer not Destructive of Protection Afforded by Act. 4. Where a carpet layer at the direction of his employer acted as collector of bills when there was no work in his line, and while performing such latter duty was fatally injured by falling on icy steps leading to a residence, such temporary change of occupation did not deprive him of the protection of the Workmens Compensation Act on the theory that he was not within the course of his employment at the time of the accident.


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