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eBook details

• Title: Murphy v. the Anaconda Co.
• Author : Supreme Court of Montana
• Release Date : January 17, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

WORKMENS COMPENSATION ? APPEAL AND ERROR ? WORDS AND PHRASES ? STATUTES. 1. Appeal and Error ? Specification of error sufficient. Specification that court erred in entering judgment was sufficient to raise question of sufficiency of evidence to support the judgment. 2. Workmens Compensation ? Degree of proof under act. To authorize recovery under Workmens Compensation Act, the law does not require demonstration or such a degree of proof, as, excluding possibility of error, produces absolute certainty. 3. Workmens Compensation ? Liberal construction. The Workmens Compensation Act must be construed liberally in favor of claimant. 4. Workmens Compensation ? Evidence sustained finding. In action by widow for workmens compensation benefits for death of employee who died while pushing cart loaded with mail on employers premises, evidence was sufficient to sustain trial courts finding that employee died of a pulmonary embolism. 5. Appeal and Error ? When Supreme Court will reverse. The Supreme Court will not reverse findings of District Court except where evidence preponderates against such findings. 6. Workmens Compensation ? "Fortuitous event" ? "Industrial accident." Under the Workmens Compensation Act which defines a compensable injury as an injury resulting from some "fortuitous event," "fortuitous event" is synonymous with "industrial accident" and "fortuitous" means happening by chance or accident, coming or occurring unexpectedly or without cause, chance or accident. 7. Workmens Compensation ? Effect of strain. It is the unexpected and unintentional effect of strain or exertion that is covered by Workmens Compensation Act as an injury by accident. 8. Workmens Compensation ? Unexpected injury. An unexpected injury received in ordinary performance of duty in usual manner is an injury by accident, and compensable. 9. Workmens Compensation ? "Accidental." Under Workmens Compensation Act, an injury is "accidental" where either cause or result is unexpected or accidental although work being done is usual or ordinary, as long as exertion is either sole or contributory cause of injury. 10. Workmens Compensation ? Evidence held sufficient to sustain trial courts findings of coverage. In action by widow for workmens compensation benefits for death of employee who died from pulmonary embolism while pushing cart loaded with mail on employers premises, evidence was sufficient to sustain trial courts finding that employees death was caused by an industrial accident within Workmens Compensation Act. - Page 199

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