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eBook details

• Title: Birdwell v. Three forks Portland C. Co.
• Author : Supreme Court of Montana
• Release Date : January 04, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Workmens Compensation ? Death from Heat Exhaustion Compensable as Industrial Accident ? Burden of Proof ? Appeal ? Cause of Death ? Insurer Claiming Heart Disease as Cause ? Claimant not Bound to have Autopsy Performed. Workmens Compensation ? What Claimant must Show to Prevail. 1. One seeking to recover compensation for the death of a workman under the Workmens Compensation Act must show by a preponderance of the evidence that decedent suffered an industrial accident, and that the injury sustained was the proximate cause of his death. - Page 484 Same ? Evidence ? Record Showing in Effect Agreed Statement of Facts ? Appeal ? District and Supreme Courts may Make Own Findings. 2. Where on appeal from a ruling of the Industrial Accident Board denying compensation, heard by the district court on the record made by the board, the admitted and uncontradicted facts in effect presented an agreed statement of facts, leaving nothing to be determined but an ultimate question of law, the trial court, as well as the supreme court on appeal from its decision, were in as favorable a position in applying the law as was the board and could make their own findings on the undisputed facts. Same ? Death of Workman ? When Fact That Deceased Suffering from Heart Disease not Bar to Recovery. 3. If an industrial accident is a cause contributing to the death of an employee for which compensation is sought, the fact that deceased was suffering from heart disease previous to and on the day of his death did not render the injury without which death would not have followed non-compensable under the Workmens Compensation Act. Same ? Heat Prostration an Industrial Accident. 4. Heat prostration incident to the nature of the employment of a workman may constitute an injury and an accident within the meaning of the Workmens Compensation Act. Same ? Death from Heat Prostration ? Case at Bar ? Sufficiency of Evidence to Warrant Compensation for Accident. 5. Claimants husband, a cement burner whose duty it was to attend the fires in the kilns located in an enclosed building and used for burning lime rock, and to keep the conveyors leading into pits below the kilns free from clinkers, and for that purpose had to go into the pits to break the clinkers by means of a long iron bar, was overcome by the heat and died shortly thereafter. He had complained during the day of not feeling well. The employers contention was that the cause of death was heart disease. Held, that the finding of the district court on appeal from an order of the Industrial Accident Board disallowing compensation on the ground that the evidence was insufficient to show an industrial accident, that death was due to heat prostration caused by extraordinary heat at the place of work and compensable as an industrial injury, was correct. Same ? Facts and Circumstances Surrounding Death from Heat Prostration of Probative Value as Evidence. 6. The facts and circumstances surrounding the occurrence of an accident such as that adverted to in paragraph 5, supra, may be resorted to in determining whether the occurrence falls within the provisions of the Workmens Compensation Act, they having the probative value of evidence. Same ? Burden of Proof ? Claimant Widow not Required to Show by Autopsy of Body of Husband What Cause of Death. 7. While the burden of proving that the death of a workman for which compensation is claimed was brought about by an industrial accident is upon the claimant, the technical rule contended for by the employer (insurer), in asserting that decedent died from heart disease, that the best evidence as to the cause of death would have been the holding of an autopsy, and that the widow - Page 485 (claimant) having failed to produce such evidence could not recover, may not be applied in view of the provision of the Compensation Act that the niceties of ordinary court procedure shall be disregarded.

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