Show rive Brive on Food F Dealers Deal rs p Promised by Health Authorities 1 EXPERT EVIDENCE JIBES r J Ji i WITH CLIENTS CLIENTS' iNTEREST ST BOARD MEMBERS ASSERT mi I W. W P. P Monson Dissents in I Verdict of to Jensens Jensen's Widow I I IMi Mi Minority Finding Asserts Industry Is P Penalized by Majority Dec Decedent dent Had Worked Only Part of Shift When Fatally Stricken Following the award of the maximum benefit by the state Industrial commission commission commission com com- mission to Mrs Annie C. C Benson and her three children for the death of their husband and nd father Alma Peterson Peterson Peterson Peter Peter- son Benson and the announcement by bythe bythe bythe the commission that the policy mg ing such aw awards mus must be that the em employer employer employer em- em bear the risk when the em em- condition is affected by untoward untoward untoward unto unto- ward events Walter P P. Monson member member member mem mem- ber of the commission has entered a vigorous diss dissenting opinion Mr Monson Monson Monson Mon Mon- son pointed to the satisfactory working conditions at the Amalgamated Sugar company's plant at Smithfield Utah where Benson was employed at the time he became fatally ill and said that thatto thatto thatto to p penalize malize industry when such ideal conditions obtain is to adopt a policy which is r ruinous to the welfare of so society society society so- so and to the financial institutions of the state Benson entered the employ of the sugar company January 13 1918 He Was was put to work at 8 o'clock on the evening of that day in the lime plant and worked until midnight when he stopped for lunch During the lunch hour he became violently ill m and died at 6 o'clock on the morning of January Jan Janu ary 14 According to the findings of the commission commission commission com com- mission B Bensons Benson's death was due to lime dust and carbon poisoning poisoning poisoning poison poison- ing possibly induced by the after ef effects effects effects ef- ef of ot influenza In making the award Pr Preston ston A. A Thatcher president of the commission and Commissioner William A. A Knerr made the following statement The case is another example of the trouble tribunals have with expert testimony testimony testimony tes tes- tes- tes in cases of this na nature ture tors Jors of high standing in their profession profession sion Mon giving every evidence of adequate training and experience and apparently apparent apparent- ly being men of unquestionable in integrity integrity integrity in- in yet arrive at such contradictory conclusions that the lay mind is unable unable unable un un- able to understand the anomaly An Anthe And Ana the odd thing about it is that the the conclusions reached by the experts i generally serve the purpose and further further fur fur- ther the interests of the litigants fur I employing cm- cm I em-I them v I Mr Monson in his dissenting opinion opinion opinion ion says The evidence presented by Dr Brumberg Dr Snow Dr Pro Rupert and Chemist Rockey Hockey is harmonious in every respect Professional testimony of the highest repute undisputed d by Dr Oldham and Dr Merrill indicates that Mr Benson came to to his death not as as the result of any unusual happening happen happen- ing while in the employ of the defendant defendant defendant defend defend- I ant company but in all probability from physical disorders suffered by him as the after atter effects and subsequent to his having suffered an attack of Spanish influenza Mr 1 Monson points out that the Uhe plant of the sugar company is adequatelY adequately adequately ade ade- ventilated and also calls at attention attention attention at- at to the testimony of Heber Balls an at the Smithfield plant and andone andone andone one of the witnesses at the hearing I Balls testified that he slept between i i the slacker and the kiln during the i four hours which Benson BeMon worked at the I plant and said that he had suffered no ill III effects from gases I But the award of the commission I Mrs Benson and her children will receive the maximum award for death by the workmen's compensation law The award will be paid in week week- weekly ly instalments of 14 1475 75 |