Montana labor news., 1936-03-05
Supreme Court Liberal
lies Compensation Act

Continued From Last Week.
The term permanent as used in
this act, does not mean fixed forever,
but merely that it is lasting as dis
tinguished from temporary-that it will
long continue (Sykes v. Republic Coal
Co., above-Matthews Mezarnich V.
Republic Coal Co., Overwhelmingly
The question as to the nature OF the
disability in this regard is properly left
to the Board, but no matter how final
its decision is declared to be, SO long
as the maximum compensation for
total permanent disability has not been
paid, the matter is open to further ad-
ljustment, except that, by Chapter III,
Laws of 1929, the legislature has fixed
another statute Of limitations, prohibit
ting the opening of a final decision af-
ter the expiration of two years from
the date of the injury. Otherwise The
board has continuing jurisdiction I'M
der sections 1924, 2952 and 2956 of the
Act. And if, after the board has made
a final order fixing the period Of dis
ability at less than the maximum for
total permanent disability, it appears
that the man has not recovered with
in that time, the case may be opened
and further compensation allowed, up
to the maximum. Here the %continu-
anee is held to constitute increase
in disability mentioned in the statute.
The effect an injury will have on the
capacity to work is necessarily a mat
ter of prediction in most cases. The
arbitrator's prediction may not accord
with the facts disclosed by lapse OF
time.
Capacity may increase or decrease be-
yond what the award contemplates
and compensation should be adjusted
accordingly therefore review and
LITIGATION Of the award are provided Tor
at the instance of either party, the
employer or the employee. A modiii-
ed award is still likely to rest on pre-
diction and, if the prediction Snail
prove to be wide of the truth, turther
ADJUSTMENTS to accord to the fact ought
to be made" Judge Matthews IN the
Meznarich case cited.
The foregoing briefly covers that
(which workmen should know concern
ling the Compensation Law and II they
and their representatives will retain
comics Of this resume, they should
know their rights and avoid loss IN
the failure 10 comply with those pro-
cedural matters which the legislature
has laid down as a prerequisite to mann
tanning a claim for compensation,
But equally important to Labor with
la clear understanding Of the require
ments of the Act in order to get a
claim before the board and courts, is
the maintenance OF courts with vision
TO interpret the provisions thereof in
accordance with the humane purpose
Iof its trainers. A study Of the large
number of supreme court decisions con-
/. STRUNG provisions of this Act discloses
. 1.-THE interesting and rather surprising
r fact that, while the court consists OF
! live members, a seeming majority oil
| these opinions have been written by
5 one member, Justice Matthews, the
r Oldest member Of the court in point
i of service, and that practically all OF
the decisions pioneering in the liberal
Interpretation of the Act, were written
: under his name. In view of u open
ling statement that the effectiveness Of
: the provision requiring a liberal con
d struction of all provisions of the ACT
depends upon the personnel of the
-%court, this disclosure is of great inn
. portance to labor.
In no line of endeavor is knowledge
. gained BY experience in the work, more
: Important than on the supreme bench
r nor in any capacity, is an experienced
man. possessing the qualifications o.
r HARNESS and justice and the correc'
i temperament for his work Of greatei
value to the people Of the state. /
REQUIRES constant study for years t.
develop a good lawyer, but even ther
i he may not be fitted by nature fo-
y the bench; the judicial Temperament
land ability to take the impartial view
OF cases presented is seldom develop
: led; it is a gift OF nature which, adde'
=, to knowledge and experience make
= good judge.
The lapse Of time having demonst
4 rated that a good judge has been sec
ured for the supreme bench, the PEG
! ple of the state should no more thinl
of retiring him in order to pass tn
SALARY on to another than you'd you
employer discharge a skilled and ef
e ficient employee in order to give wor.
to a green hand. Your good judg
earns his salary just as you earn your
and the pertinent question is not wha
he has received from the state Blu
what he has done for the people an
> can you afford to be without his ser
y vices.
Justice Matthews has made an en-
le viable reputation for fair and just deal
ing with all and for honest and intel
ligent Interpretation of the law with
out fear or favor. His numerous de
cisions on the many phases OF tn
VI Workman's Compensation Law dis
it closes the close and earnest study h
v has made OF the history of the legisla
re ton in this and other countries an
ID a clear insight into the purpose an
l. meaning Of this just and humane &C
at He has been ever jealous in protect
s. ing righteous claims against repudis
OF ton on technical grounds or by mai
k of Interpretation by adhering to tn
is letter of the law. AS the Good Boo
Us has it, "the latter killeth but the spir