The Sun. [volume] (Price, Utah) 1915-1932, 1920-12-10
STATE SUPREME COURT
UPHOLDS KNICHTON
AWARD
UTAH FUEL OPPOSED THE IN
DUsTRIAL BOARD.
Contention That the Defendant Com
pany Denied Responsibility Is I'm
tenable, Asserts Judge Z. e. Corf-
man In Decision Handed Down Sat
urday Last-Case Is Gone Into.

In brief decision written bv Chief
Justice H. +. Corfman of the Utah SUI
preme court objections made by the
Utah Fuel company to the workmen 3
compensation act in Utah are disposed
Of. The award of the industrial COM
mission in the case of Clyde l.. Knigh-
ton is affirmed with costs. The case
in its progress through the commission
was a rather puzzling one, and was
long considered. Knighton presented
his claim for compensation under the
Utah act Of January 14th, last. He
asserted that the injury which result
ed in his disability had been sustained
late in January, 1919, in one Of the
Carbon county properties Of the com
pany. He could not give the exact
date, because not much attention had
been paid to il at the time, though he
asserted he had within a few weeks
called the attention Of the company
physician to a numbness in his leg.
Testimony Conflicting.
Later he left the fuel company's
employ and worked for awhile at 9th
er occupations. The disability incrcas.
ed, however, and finally he was com
PEELED TO quit work Then he present
ed his claim. Testimony nt the hear
ing, particularly of the medical ex-
perts, was conflicting. The Knighton
forces claimed injury TO the nerves
of the left leg with resultant perma-
nont partial paralysis. On the other
tde evidence was produced that his
condition nc the time Of the hearing
was due 10 n hystarical nervous or
psychic condition. The medical ex-
pcrts did not agree on the facts rs TO
the relative sizes of knighton's legs
at the time the ease was presented 10
them. When the commission decided
in knighton's favor the Utah Fuel
appealed, claiming the constitutional
right to have an ultimate fact" de-
iermincd IN the courts and before n
jury. Any attempt ON the part of
the legislature 10 confer such an au-
thoriiy ON the commission, il was held,
was unconstitutional.
Law Is Attacked.
This was an attack on the very fun
damental features Of the worlmen's
compensation law. The case was ar
gued at length, the supreme court
hearing counsel for the company and
by james II. Wolfe, assistant attorney
general, for the commission Justice
Corfman points out that Ia effect the
Utah Fuel company cuntended that
because the company denied the in
jury 90 the applicant, the commission
had NO jurisdiction 20 render any dc.
cision nor 90 do anything except TO
dismiss the proceedings; thai he SUI
preme court could not properly rm'iew
the proceedings before the commits
sion aud that the only way the com
pany'a liability could be determined
legally was by "a district court. 1--WE.
do not share in the views of counsel
that the mere fact that when a dis
pute arises between an employer and
employe, both subject TO the proyi-
sions Of the act as TO whether or not
the employee suffered an accidental
injury arising out of and in the course
of his employment, the commission is
thereby shorn of all of It's powers and
may not rightfully take testimony
and make an award. Nor do We think,
for the reasons assigned by the plain
tiff, that the act as amended is in yiO-
lation of any of the provisions of eth
or our state or the federal eonstitu-
ton.
Public Bears Loss.
"The whole scheme of worlymen Isl
compensation laws in general is to
place the risks of injury 10 worlymen
upon the industry ia which they are
engaged Ultimately the loss falls
upon the consuming public, With that
end IN view the loss Is made % follow
the injury, SO long as not self-ntlict-
ed, regardless of the fault of the en-
ployer or the employe, That this may
be accomplished by appropriate legis-
lative enactments without usurping
the functions of the courts or olfcnd-
ing the constitutional rights of the
citizens has been so often fully deter
mined by the adjudication ot courts,
both state and federal, that generally
speaking these legislative enactments
do not longer warrant any extended
review
The chief justice goes ON 10 state
that il the position taken By counsel
for the Utah Fuel company were ten
able, in every case whore an applicant
was injured and the employer denied
the fact, resort would have 10 be tax
en- 10 the courts. "Such Is not in
keeping with the purpose of the en-
actments nor the basic principles upon
which they are founded. They are in
tended TO afford injured worlmen or
their dependents speedy and adequate
means of securing compensation which
the more humane and moral eoncep-
tion Of our time requires,
ROAD WORK STOPPED.
Road work in all counties has been