(Download) "Ryan v. Industrial Accident Board" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Ryan v. Industrial Accident Board
- Author : Supreme Court of Montana
- Release Date : January 04, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Workmens Compensation ? Death of Workman on State Highway from Heat Stroke Compensable Under Act ? Appeal ? When Cause Presents Agreed Statement of Facts ? Injury Arising Out of Employment ? Meaning of Phrase. Workmens Compensation ? Appeal ? Where Facts Undisputed, Record Presents in Effect Agreed Statement of Facts. 1. Where the facts (in a workmans compensation case) are undisputed and reasonable men can come to but one conclusion upon them, the case presents, in effect, an agreed statement of facts, leaving for decision only questions of law. Same ? When Injury to Workman Arises Out of His Employment. 2. Before an injury to a workman may be said to have arisen out of his employment within the meaning of the Workmens Compensation Act, he must have been exposed by his employment to more - Page 144 than the normal risk to which the people of the community generally were subject. Same ? Death of Workman Caused by Heat Prostration Compensable Under Statute. 3. Death of a workman caused by heat prostration held compensable under the Workmens Compensation Act, and the fact that he did not die shortly after the injury but lived eleven days was of no effect upon the right of his widow to recover compensation. Same ? Case at Bar ? Death of Worker on Highway Caused by Heat Stroke on Mid-July Day Compensable Under Workmens Compensation Act. 4. An employee of the State Highway Commission while working on an oil-surfaced highway in the intense heat of a mid-July afternoon became ill but continued working until quitting time, and died eleven days thereafter from thermic fever caused by heat stroke. The Industrial Accident Board denied compensation on the ground that the occurrence did not constitute an "industrial accident," since the conditions under which deceased was working were no different from those under which other employees of the commission were working. Held, on appeal from the judgment of the district court allowing compensation, that the death of decedent was the direct result of heat stroke and that the trial court decided correctly.
 "Ryan v. Industrial Accident Board" by Supreme Court of Montana * Book PDF Kindle ePub Free){kind=link}