[DOWNLOAD] "Mulholland v. Butte & Superior Min. Co." by Supreme Court of Montana * Book PDF Kindle ePub Free

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eBook details

• Title: Mulholland v. Butte & Superior Min. Co.
• Author : Supreme Court of Montana
• Release Date : January 20, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Workmens Compensation ? Procedure on Appeal to District Court Relative to Additional Evidence Introduced ? Absence of Evidence from Record in Supreme Court ? Presumptions ? Appeal and Error. Workmens Compensation Act ? Appeal from Decision of Industrial Accident Board to District Court ? Judgment of Court ? Upon What to be Based. 1. Under the provisions of the Workmens Compensation Act the district court, on appeal from an order or award of the Industrial Accident Board, must hear it on the certified record of the board, but may, in its discretion, permit new evidence to be introduced; if it does, the trial proceeds upon a consideration of the evidence heard by the board and that which the court permits in addition thereto, and the court must thereupon render its own judgment. Same ? Appeal and Error ? Error will not be Presumed ? Presumption in Favor of Correctness of District Courts Decision. 2. Error will not be presumed on appeal; every presumption in favor of its correctness attaches to a decision of the district court. Same ? Appeal ? Absence of New Evidence Heard by District Court from Record on Appeal to Supreme Court ? Presumption. 3. Where the district court on appeal from an award of the Industrial Accident Board permits evidence in addition to that - Page 562 presented in the record filed by the board to be introduced, but the new evidence is not incorporated in the record on appeal to the supreme court, and it is asserted that the evidence in the record certified to the lower court does not justify its findings, it must be presumed that the new evidence was sufficient to sustain them. Same ? Unauthorized Action of Industrial Accident Board in Submitting Transcript of Testimony to Referee Physicians for Conclusion to be Reached ? Presumption That District Court Disregarded Referees Report. 4. Conceding that the Industrial Accident Board erred in submitting a transcript of the evidence consisting in large part of conflicting medical testimony relative to the effects of "Raynauds disease" alleged by a compensation claimant (a miner) to have resulted from an injury on the back of the head and the posterior portion of the brain, which manifested itself in gangrene of both feet necessitating their amputation, to two physician referees for an opinion as to the cause of claimants then condition and using their opinion as the basis of its decision, it will be presumed that the district court on appeal to it, tried anew on the certified record of the board and new evidence introduced but not presented in the record before the supreme court, considered only competent testimony and disregarded the physicians report in arriving at its judgment. Same ? Absence of Evidence from Record in Supreme Court Heard by District Court ? Presumption as to Finding of Lower Court on Degree of Claimants Disability. 5. Under the condition of the record on appeal to the supreme court above adverted to, to-wit, absence from it of the additional evidence introduced on the hearing in the district court, the contention of employer appellant that the evidence does not show that claimant was totally and permanently disabled as held by that court must give way to the presumption that the evidence as a whole was sufficient to sustain its finding.

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