(DOWNLOAD) "Yurkovich v. Indus. Acc. Bd." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Yurkovich v. Indus. Acc. Bd.
- Author : Supreme Court of Montana
- Release Date : January 09, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
WORKMENS COMPENSATION ? STATUTES ? CONSTITUTIONAL LAW. 1. Workmens Compensation ? Duty of Industrial Accident Board. The Industrial Accident Board, as trustee of the funds which are provided for benefit of workmen as beneficiaries, is under a legal and moral duty to deal fairly with such beneficiaries and to disclose to them all matters affecting their interests, either beneficially or otherwise. 2. Workmens Compensation ? Duty of Board to notify employee of requirement for filing claim. Where Industrial Accident Board which had received notice of injury from employer later received written letter from employee within one year from date of injury in which employee stated that he had been injured, asked whether x-rays could be taken and what he, the employee was to do, and Board advised employee that he was entitled to medical treatment and hospitalization if necessary and that employee could consult a doctor, Board recognized that employee had suffered a compensable industrial accident and Board had duty to notify employee that he was required to timely file claim under oath. 3. Workmens Compensation ? Protection of employee. The Industrial Accident Board is a state board created by legislative act to administer remedial legislation which was enacted for the benefit of the employee, and under the act the Boards first duty is to administer the act so as to give the employee the greatest possible protection within the purposes of the act. 4. Statutes ? Act must be read as a whole. In construing a statute the whole act must be read together, and where there are several provisions or particulars such construction is, if possible, to be adopted as will give effect to all. 5. Constitutional Law ? Duty of court in construction of statute. The court is required to give effect to the objects of a statute and must construe it so as to promote justice, and to give such construction thereto as will preserve the constitutional rights of the parties. 6. Workmens Compensation ? Cases must be determined on their facts. Each case under the Workmens Compensation Act must be determined on its own facts and circumstances and the law applicable. 7. Workmens Compensation ? Statute of limitations not available to Board here. The Board, which did not advise employee that he was required to file a claim under oath within 12 months after accident, could not assert the statute of limitations, and employees full and complete statement of injury which was filed 6 days after year had elapsed was timely. 8. Workmens Compensation ? Schedule of payments applicable. In awarding compensation for accident occurring on January 19, - Page 78 1955, the schedule of payments set forth in statute then in force would be applied and not the schedule set forth in statute which did not become effective until July 1, 1955. 9. Statute ? Retrospective operation not given. Statutes are not to be given a retrospective operation unless it is clearly made that such was the intention of the legislature.
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