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eBook details

• Title: Mccoy v. Mike Horse Mining Co.
• Author : Supreme Court of Montana
• Release Date : January 09, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

1. Workmens Compensation ? Evidence sufficient to sustain award. In proceeding for workmens compensation for hernia and other injuries allegedly sustained when employee pulled a rock from a crusher, evidence was sufficient to sustain order of Industrial Accident Board awarding compensation. 2. Workmens Compensation ? No waiver of right to medical care. In workmens compensation proceeding, evidence was sufficient to establish that doctor, who attended employee after alleged injury, was provided by, and under orders of, employer, and that employee had not waived right to medical care by employer. 3. Workmens Compensation ? Purpose of act and construction of. Workmens Compensation Act is for benefit and protection of the injured workman and his beneficiaries, and should not be defeated by narrow and technical construction. 4. Workmens Compensation ? Failure to make claim within statutory period did not defeat right to compensation. Where injured employee relied upon his shift boss to make claim for compensation, and was allegedly not given thorough examination by company doctor and was not told that he had hernia, doctrine of equitable estoppel was applicable and fact that employee did not make written claim for compensation within statutory period would not defeat his right to compensation. 5. Workmens Compensation ? Effect of failure of Board to have rehearing. The fact that the Board changed the original order denying claim without having rehearing did not defeat right to compensation. 6. Workmens Compensation ? Statement of doctor, weight of. The statement of employers doctor, that employee, in doctors opinion, was a malingerer, was a naked conclusion and was entitled to little weight, in view of fact that statement was at variance with previous written report of same doctor. 7. Workmens Compensation ? Relief from failure to file claim in time, grounds for. Where injured employee, an uneducated man, reported his injury to his shift boss to make claim for compensation, and employee was allegedly not given thorough examination by company doctor and not told nature of his injury, employee had good and sufficient cause for his failure to file claim within one year from accident. - Page 436

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