[Download] "Murray Hospital v. Angrove" by Supreme Court of Montana # eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Murray Hospital v. Angrove
• Author : Supreme Court of Montana
• Release Date : January 23, 1932
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Master and Servant ? Workmens Compensation Act ? Contract by Employer With Hospital for Hospitalization of Employees ? Statutes and Statutory Construction ? "Sickness" ? Definition. Workmens Compensation Law ? Contract for Hospitalization of Employees ? Law Part of Contract ? Law and Contract to be Construed Together. 1. A contract entered into between an employer of labor and a hospital in conformity with section 2907, Revised Codes of 1921 (a - Page 102 part of the Workmens Compensation Act), under which the hospital was bound to provide medical and surgical attendance to the employee for sickness contracted during his employment, except where chargeable to his own vice, as well as for injuries arising out of and in the course of the employment, must be construed in the light of the true intent and purpose of the Act, which became a part of it. Same ? Theory of Act. 2. The theory of the Workmens Compensation Act is that loss occasioned by injury to the workman shall not be borne by him alone, but directly by the industry and indirectly by the public, the same as is the deterioration of the buildings, machinery and other appliances necessary to enable the employer to carry on the particular industry. Same ? When Employee not Entitled to Benefits of Act. 3. Where an employee, while on his way to work, was struck by an automobile, his injury did not arise out of and in the course of his employment, and therefore he was neither entitled to compensation nor to hospitalization under the general provisions of the Workmens Compensation Act (sec. 2917, Rev. Codes 1921). Same ? Contract for Hospitalization of Employees ? Profit to Employer not Permitted by Statute ? Contract Upheld as Against Charge of Profit Making. 4. Contract between an employer, working under plan No. 1 of the Workmens Compensation Act, for hospitalization of his employees pursuant to section 2907, Revised Codes of 1921, held not open to the charge that whereas under companion section 2917 hospitalization is intended to be free, under the contract the employer was enabled to reap a profit, section 2907, the provisions of which were substantially followed in the contract, in effect providing that the employer shall not retain, nor have returned to him by the hospital, any part of the money withheld from the wages of the employees for hospital purposes, and where the employer maintains his own hospital, it shall be no more than self-sustaining. Same ? Contract for Hospitalization of Employees ? Injury to Employee Sustained on Way to Work Constitutes "Sickness" Within Meaning of Statute. 5. Under the rule that the provisions of the Workmens Compensation Act must be liberally construed, held that an injury sustained by an employee while on his way to work constitutes "sickness" in its popular significance, i.e., an affection of the body which deprives it temporarily of its power to fulfill its usual functions, within the meaning of section 2907, Revised Codes of 1921, authorizing a contract between the employer and a hospital for medical attendance to employees, inter alia, for sickness contracted during their employment.

Free Download "Murray Hospital v. Angrove" PDF ePub Kindle