(DOWNLOAD) "Weakley v. Cook" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Weakley v. Cook
- Author : Supreme Court of Montana
- Release Date : January 14, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
1. Workmens Compensation ? Degree of proof. To authorize recovery under the Workmens Compensation Act, the law does not require demonstration or such degree of proof as, excluding possibility of error, produces absolute certainty. 2. Evidence ? Expert testimony ? Weight is for trier of facts. In weighing evidence the law makes no distinction between expert testimony and evidence of other character, and it is for the trier of facts to determine the weight to be given to any evidence. 3. Workmens Compensation ? Aggravation of disease by accidental injury. That an employee was suffering from disease or disability does not preclude compensation if the disease or disability was aggravated, triggered, or incited by an accidental injury which arose out of and in the course of employment. 4. Trial ? Credibility of witnesses ? Resolving conflicting evidence ? Substantial evidence rule. In passing upon issues of fact the trier passes on the credibility and weight and resolves conflicts and if there is substantial evidence to sustain the determination it will not be disturbed on appeal. 5. Workmens Compensation ? Evidence sustained injury under compensation act. In proceeding by widow for compensation for death of husband, evidence, including expert medical testimony, sustained finding that husbands injury which was sustained in a fall while he was loading steel bars from a van in the course of his employment was a contributing factor and proximate cause of husbands death, notwithstanding that the immediate cause was coronary thrombosis.
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