Montana labor news., 1945-09-06
By JAMES D. GRAHAM
Why Senate Bill ia Was Passed

w ny OtHdAt VA III a. dootA
Senate Bill No. ia, enacted by tn,
last legislature in apparent violation o.
Article V, Section p OF the Constitu.
ton Of Montana, is an attack OH tht
Workmen's Compensation Act anC
makes the law less liberal than it was
The Gugler Case
The Supreme Court OF Montana, or
February 23rd, 1945, gave a decision il
favor of an injured worker, Chef Gug-
Ter, an employe of the City Of Hamil-
ton, who received an injury to his eye
while working for that city and the
injury resulted in the loss of the sight
Of the eye a year later. The injured
man received a piece of steel in his eye
went to a doctor and had the eye treat
ed. However, the eye did not get bet
ter and a year after the accident, a
cataract formed on the eye and the doc
tor performed an operation and re-
moved a piece OF steel from the eye but
the sight was destroyed.
The Industrial Accident Board was
notified of the accident by the doctor
who attended the injured man and also
by the Clerk Of the City Of Hamilton
The Industrial Accident Board paid the
doctor for the services rendered the in
iured man at the time of the accident.
The Industrial Accident law provides
that an injured person must make ap-
plication for compensation within one
year after the date Of the accident
but as Chef Gugler was not off work
on account of the accident to his eye,
he did not make application for COM
~pensation. as he had none coming.
However, when he lost the sight of his
eye sixteen months after receiving the
injury he applied for compensation for
this loss as per Section 29l9 OF the
Warkmen's Compensation Act. The In
dustrial Accident Board refused the
compensation for the reason that he did
not ask for it within a year from the
date of njury-ignoring the fact that
the eye sight was not lost until sixteen
months after the accident.
Gugler commenced action in the Dis
trict Court in Hamilton against the In
dustrial Accident Board for compensa-
ton for the loss of the sight Of one
eye and the court awarded the injured
man judgment. The Chairman OF the
Accident Board appealed TO the Supreme
Court from the decision OF the District
Court. On February 23rd, the Supreme
Court gave an opinion confirming the
judgment of the District Court in award
ing Chef Gugler compensation for the
loss of the sight Of one eye from an
iniurey received while in the employ OF
the City of Hamilton. The Court held
that while Gugler did not lose the sight
of his eye until sixteen months after
the accident, the Industrial Accident
Board had been notified Of the acct
dent by the employer and the doctor
attending and that the Industrial Acct
dent Board had paid the doctor for his
services. therefore, the injured man was
entitled to the compensation the law
allows for the loss OF an eye from the
injury received when regularly m
ployed.
The decision Of the Montana Su-
preme Court is a just one. In the past,
the Montana Supreme Court has rem
dered similar decisions in cases similar
10 the Gugler decision. Courts in other
states have also given like decisions and
so have the Federal Courts.
The Chairman Of the Industrial Ac-
cident Board did not like the decision
of the Court reversing the decision
ordering the Board to pay Gugler what
was due him. Therefore, the Chair
man succeeded in having Senate Bill
No. ia introduced to amend the Com
nensation Act in an attempt to keep the
courts from giving a decision in favor
of an injured worker in cases similar
10 the Gugler case.
On the afternoon Of February zoth
the next TO the last day Of the session.
10th chambers of the legislature re-
cessed TO at 800 o'clock p. NJ
ior the purpose of introducing a bill to
mend the Workman's Compensation
Act A delay OF two hours o o place
on account Of a representative OF Labor
he;nc active in the lobby OF the Senate
oonos;np the introduction Of the Bill.
The Senate convened at 10 o'clock
p NJ on the 5oth., legislative day and
e;obteen hours before the legislature
sd;orrned sine die. The rules provid-
"a that no bill be introduced alter the
,b;rtv-fifth day without the consent OF
i majority Of the Senate
Republican Floorleader, Senator pm
,,ons took the floor and informed the
.anators that the Committee on Work
,oen's Compensation desired to INTRO
dnce a bill to amend the Workmen
comoensation Act and that it was nee
essarv TO suspend the rules in order
RAJ The bill be introduced and moved
,hat The rules be suspended. The mo-
,;on 70 suspend the rules carried then
,he Clerk Of the Senate read Senate BIZ
No ia providing for amendments 20
,bc Workmen's Compensation Act Inc
Bill after being read, was referred 10
mo Committee on Workmen's Compen-