The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-01-12
STATE SUPREME COURT
BACKS ACCIDENT BOARD
HOLDS PRIOR PAR rIAL plsAslL.
ITY HAS NO sEAkiN1 YIN
TOTAL DISABILITY.

TOTAL DISABILITY.
The supreme court OF The state
iuaho iasJ week hanued aOMn us mr.
decision IN case appealed from II
Industrial ACCIDENT board. Inc cas-
is interesting 10 employers ana en-
pioyes ankle IN that 1t constructs IN
Idaho law with reference 10 total disa
Dility and its relation TO the pnysics
condition OF claimant prior to the in
jury passed upon The case was ap
pealed from the decision OF Judge job
NJ. Lynn, of the district court OF Koot
enai county, which affirmed the rulini
OF the Industrial accident board. Th
decision OF the supreme court which
was written by Justice Robert n
Dunn, affirmed the decision of tn,
lower court in every particular. ane
was concurred in by all members o.
the court which included Judge Nc
Naughton, Of the eighth district, sit
ting in place OF Justice Lee. i sum-
mary of the case as published in the
Boise Statesman follows:
Physical Condition Prior to Accident
Total disability. as used in the
workmens compensation law of
this state, takes no account of a
state of partial disability or inn
paired health existing in the
claimant previous to the happen
ing Of the accident claimed to
have caused such total disability"
That is the wording of part Of a
supreme court decision handed down
in the case Of S. e. Mcneil versus the
Panhandle Lumber company and the
Aetna Causalty & Surety company
The opinion completely affirms the de-
cision of the state Industrial accident
board and is the first industrial acct
dent case ever to be appealed to the
supreme court
Boards Award Upheld.
Mcneil sought to recover damages
for the loss of his right eye while in
the employ of the lumber company
His left eye had been lost in an acct
dent eight years previous The state
accident board made an award for
total disability amounting to approx
mately $4,000 in weekly payments of
Sl2 and in addition allowed the injured
man Sc a week for the remainder of his
life The supreme courts affirmation
Of the boards decision will give Nc
Neil the total amount of the award.
The lumber company contends that
the loss of the left eye prior to the
injury under discussion bars Mcneil |
from the total disability claim.
Every phase of the case on which /
the state board made a ruling was up
held by the court of appeals as well as
the district court for Kootenai county.
through which the case was taken by
the lumber and surety companies be-
fore an appeal was made to the SUI
preme court. The district court af-
firmed in toto all points decided by
the board and did not disturb the
award.
Precedent Set by Decision.
The courts decision becomes law in
sofar as the state of Idaho is con-
The court declares that find
ings of fact of the Industrial accident
board, when supported by competent
evidence, are conclusive on appeal to ]
any court in the state. the Jurisdiction ]
IF these courts being limited to a re- ]
view of the questions of law. The 5
'ourt also makes il plain that an APP 5
zeal to the supreme court is well taken 5
n an Industrial accident case. This |
vas done in order to set up a cause |
or denying McNeirs motion to dismiss
he appeal on the ground of lack of
Mcneil was taken into the employ
+ the lumber company with the sight =
one from his left eye as a result of .
n accident eight years before. His -
lain against the lumber company and =.
s insurance carrier was for total dis -
bility because he says he lost the -
ght of his right eye while in the en- =,
10y of the company !,
The lumber and surety companies. =,
ppellants in the case. fought the total :,
stability charge on the ground that a.
My part of his disability occurred -"
lille working for the lumber COM -
any. The industrial accident board "a
owever ruled that the injured man ~
as totally disabled and was entitled
appropriate compensation
No Distinction Made. ~
In concluding it's opinion the court Ra
Ids: o.
go" 1t may truly be said that sill
+ compensation law makes no dis Su
lotion between wise and foolish q,
illed and unskilled, healthy and I'M en-
althy employees. All who are rightly 81
scribed as 'workmen' or employees Sts
ne within the act" r.
The exact nature of McNeirs injury w.
a detachment of the retina. claimed
have been caused by the heavy lift
: which was part of his work while
the employ of the lumber company.
lile no specific date was named on ope
ich the accident occurred. it is al dls'
ed to have happened about Janu- mel
~.