Salt Lake Telegram | 1925-11-14 | Page 2 | Worker's Brings Divided View

IL L WORKERS WORKER'S ISE IBE BRINGS I IDEO VIE trial i Board Awards Per r w Week k to Man in Mine divided opinion Chairman I dissenting the industrial commission on Sat- Sat warded compe compensation to alja K-alja of ot 16 16 per week begin begin- pill 1 1 1925 the same to be beUn beun un I 1 otherwise ordered by the theby theon sa on by the Standard Coal COll CoinY ny accrue accrued payments to be beIn beIn In ump Sum gum m Claim of ot Kaija Kaiji e payment of ot hospital and andal andal al luring during the period as with pneumonia Is jl Attorneys Attorney's Attorneys Attorney's fee of Is to lid Td by the coal company and end it d. d from the compensation to Kaija Ij f while In the employ of ot le Coal company on Sep Sep- 1924 met with accident Ich l h his right tight leg was fracHe frac- frac He also suffered sprain and ii iii the back as os well as the houlder For two years pre- pre I according to the findings r majority of ot the commission Je ft uttered Buffered from a severe mas- mas which probably rethe re- re Ilm the development of ot an I ll ine but did not at any ettere with with his abil- abil p manual labor After I sed ged period of ot convalescence was iras pronounced surgically He did not return to work complained of ot pain and dis- dis nd made malle several fo additional compensation J l advisory ad committee found Lound th tb logy lory which would account complained or ot but applicant maintained that he uttering Suffering ring from back injury IUt evidence was heard by the thel thenis l' l nis I lon on and finally the tho major- major the commission awarded him himor or cr eek to run Indefinitely d dissenting from the majority Commissioner McShane says facts of ot a 11 case must be based t t best evidence they must as d upon Inferences drawn c circumstances which carry IC to the normal and Id fd n nd they must never be uti-I uti the thet it t l' l guess gueSS When it iti 0 i matters mattera df t f law after the theA theve ve we ic been en determined all nd presumptions should be bein edin in favor favot of 01 the applicant al also lw understand the rule to be e he evidence is conflicting 8 ITan an Issue of ot fact tact and reason- reason minds might reach different after an examination of and the inferences ight ht fairly and reasonably raw Y that the find find- ot of he commission are There Is a feeling that a 11 ar aview r view has been taken by in some cases that oh guesswork has been ina ind in- in d a n a that sympathy and not noton noton on bias In some Instances cond con- con fa d It If this be true I wish to toe e my full share of ot the re- re Ib IHy ty missIoner McShane then thea thena pla Iia a word picture In the We case caseI I lj it and declares that he was wasn tn n l f great strength who had hadS v 1 d- d manual labor all his life r ribes the injury and de- de e- e of ot the injured man manic manI I he he ic care of or surgeons In the tal 1 Then he says that after ja discharge from the hosit host hos- hos it t be he lived In a cheap room- room S ouse se se during which time he hecken with pneumonia and 0 othe the commission for tor assist assist- t at that time the commis- commis f f that his illness was not nota ble a to his Injury hence was wasIe waso Ie o 0 take any tiny action McShane concludes that Kaija's disability t be reasonably traced to his U y 7 but is the logical sequence e C history of and andelia elia ernia intec infections i n s. s