(DOWNLOAD) "Lunardello v. Republic Coal Co." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Lunardello v. Republic Coal Co.
- Author : Supreme Court of Montana
- Release Date : January 19, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Workmens Compensation ? Continuing Jurisdiction of Industrial Accident Board ? Until When Order of Board not Final ? Ability of Claimant to Do Light Work ? Burden of Showing Such Ability on Employer ? Costs ? Expense of Physical Examination of Claimant not Allowable as Item of Costs. Workmens Compensation ? Continuing Jurisdiction of Industrial Accident Board ? Final Order of Board Based on Conjecture as to Claimants Disability Error. 1. Held, in a cause arising under the Workmens Compensation Act, that where claimant after receipt of compensation for partial disability made claim for determination of his case as a total permanent disability, and the board made a final allowance, short of the maximum provided by the Act, thus treating the matter as finally ended, the district court on appeal in effect doing likewise, that both board and court erred in making the order final on a conjecture that the disability of claimant would cease at the close of the period for which compensation was allowed, in disregard of the provision of the Act vesting the board with continuing jurisdiction, so long as the maximum of compensation allowable had not been reached, until the disability had ceased or had otherwise been changed. Same ? No Order of Board Allowing Compensation Final Until Maximum Fixed by Statutes Reached. 2. After the type of disability of an injured workman has been ascertained under the Workmens Compensation Act, payments must be made during the continuance of the disability not exceeding the maximum time prescribed by the Act for such particular type, and no order may be considered as full allowance unless the maximum - Page 95 is contemplated or included therein, and even then the order is subject to modification under the continuing jurisdiction of the Industrial Accident Board. Same ? Extent of Disability of Injured Workman ? How Determined. 3. Aside from the loss of members of the body, the extent of the disability of an injured workman is determined by answer to the question whether or not he is able to earn wages by labor, and, if so, how his earning capacity compares with that before injury; if he is still able to earn something as wages, his disability is partial; if not, it is total. Same ? Ability of Injured Workman to Do Special Work ? Burden on Contesting Employer to Show Such Ability. 4. Where it is found that an injured workman claiming compensation is permanently and totally disabled so far as hard work is concerned, but that he might do light work of a special nature not generally available, the burden of showing that such special work is available is on the employer contesting the claim for compensation. Same ? Case at Bar ? Unwarranted Finding of Court That Claimant Able to Do Light Work ? Reversal of Judgment. 5. On appeal in a workmans compensation case the court found that he suffered a partial disability but allowed him maximum weekly compensation for a lesser number of weeks than the maximum for total disability, the finding of partial disability evidently being based upon some testimony that the claimant could do some light work. Held, that the testimony was of such a character that such a finding could not be based thereon, and that for that reason and because of the conflicting findings of the court the cause must be remanded for further proceedings. Costs ? Power to Allow Purely Statutory. 6. The power to allow costs is purely statutory, and unless some statutory authority exists therefor, costs are not allowable. Workmens Compensation ? Physical Examination of Workman ? Expense not Allowable as Item of Costs. 7. Under the last above rule, held that expense incident to a physical examination of an injured workman and the physicians report thereon is not recoverable; hence the district court, on appeal by the claimant, properly struck the item from the memorandum of costs.
 "Lunardello v. Republic Coal Co." by Supreme Court of Montana # Book PDF Kindle ePub Free){kind=link}