Shaffer v. Midland Empire Pack. Co. - Supreme Court of Montana

Shaffer v. Midland Empire Pack. Co.

By Supreme Court of Montana

  • Release Date - Published: 1953-07-09
  • Book Genre: Law
  • Author: Supreme Court of Montana
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Shaffer v. Midland Empire Pack. Co. Supreme Court of Montana read online review & book description:

Workmens Compensation, Permanent Partial Disability, Loss of Earnings, Loss of Ability to Earn, Proof of Loss of Ability to Earn. 1. Workmens Compensation ? Compensation for disability reducing employees earning power. An employee is entitled to disability benefits under Workmens Compensation Law for injury reducing employees earning power, notwithstanding that employee receives same or better wages after injury. 2. Workmens Compensation ? Loss of earnings to be considered. Loss of earnings due to inability to obtain work is to be considered in determining amount of benefit due employee under workmens compensation law, if such loss of earnings is attributable to the injury. 3. Workmens Compensation ? Evidence failed to show inability to obtain employment. In a proceeding for disability benefits under the workmens compensation law, for injury received from a fall of about ten feet causing claimant to hit on back of neck on frozen ground, resulting in contusions of scalp and cerebral concussion which aggravated previously existing arthritis and deafness, evidence failed to show that claimant suffered any inability to obtain employment due to the fall and injuries. 4. Workmens Compensation ? Measure of loss of earning power. Under workmens compensation law, the loss of earning power as the result of an injury is not necessarily proportional to the bodily functional disability. 5. Workmens Compensation ? Earning capacity must actually be reduced. Employee who received injuries in course of employment allegedly reducing work capacity about forty per cent was not entitled to disability benefits under workmens compensation law, in absence of proof that employees earning capacity had been reduced by the injury.

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