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eBook details

• Title: Rathburn v. Taber Tank Lines
• Author : Supreme Court of Montana
• Release Date : January 25, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

WORKMENS COMPENSATION, Recovery for Death of Truck Driver from Heart Failure While on Job ? Classification of Heart Failure as Industrial Accident ? WORDS &; PHRASES, "Injured," "Injury," "Injury Arising Out of and in the Course of His Employment," "Fortuitous Event," "Industrial Accident". 1. Workmens Compensation ? Words &; Phrases ? "Fortuitous Event". In statute defining injury within Workmens Compensation Act as an injury resulting from some fortuitous event, "fortuitous event" means happening by chance or accident, and is synonymous with industrial accident. 2. Workmens Compensation ? Words &; Phrases ? "Accident". Where there is an unexpected internal failure of the system to function normally caused by unusual stress and strain in employment, the requirement of an "accident" is met, and such internal failure constitutes a "fortuitous event", within the meaning of compensation statute. 3. Workmens Compensation ? Heart Attack did not preclude recovery. Fact that truck driver, who suffered heart attack while driving truck, did not stop truck and rest in sleeping accomodations provided in truck, did not preclude recovery under Workmens Compensation Act. 4. Workmens Compensation ? What act is meant to cover. It is unexpected and unintentional effect of the strain or exertion, not its external or internal character, that is covered by Workmens Compensation Act, regardless of how negligent or inadvisable ones conduct may be, provided that there is no intention on the part of the employee to harm or injure himself or another. 5. Workmens Compensation ? Negligence and assumption. Contributory negligence and assumption of risk are not defenses under Workmens Compensation Act, nor is it essential that the employer be guilty of negligence for employee to recover. 6. Workmens Compensation ? Effect of employment as a contributing cause. If it appears that employment was one of the contributing causes, without which the accident which actually happened would not have happened, and if the accident is one of the contributing causes, without which the injury which actually followed would not have followed, an employee is entitled to workmens compensation. 7. Workmens Compensation ? Evidence sufficient to show accident. In Workmens Compensation proceeding, on claim of widow of truck driver, who died of heart attack while driving truck, had - Page 122 been working long hours, did not get regular sleep, and was driving on icy roads, evidence was sufficient to show driver suffered an industrial accident.

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