(DOWNLOAD) "State v. Schye" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Schye
- Author : Supreme Court of Montana
- Release Date : January 19, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
STATUTES ? PUBLIC EMPLOYEES RETIREMENT ACT, Deduction of Workmens Compensation benefits not proper ? EVIDENCE, Medical Testimony, SUBSTANTIAL EVIDENCE RULE. 1. Statutes ? Effect of executive construction of law. While executive construction of a law acquiesced in by the legislative assembly, is not binding on the Supreme Court, such interpretation is persuasive and will be upheld, if not erroneous. 2. Counties ? Board could not deduct Industrial Accident benefits. Where relator suffered an accident as an employee of the county, thus coming under the provisions of the Public Employees Retirement Act and the Workmens Compensation Act, the Public Employees Retirement Board was without authority to make any deductions in the retirement payments to the relator for total and permanent disability resulting from the accident. 3. Evidence ? Effect of medical testimony. Medical testimony, as other testimony, is intended to aid, but not to conclude a court or jury. 4. Officers ? Ability of employee to do some kind of work does not bar retirement benefits. Under the Public Employees Retirement Act, where an injured member is able to do some kind of work, however trivial and unremunerative and however foreign to the type that he had theretofore followed and been trained to do, and for which he alone was qualified by experience, and educational background and age to perform the member is not barred from establishing a claim for disability retirement of a permanent character, partial or total as a basis therefor. 5. Appeal and Error ? Substantial evidence rule. Where there is conflict in the evidence, if it does not appear that the evidence clearly preponderates against the findings of the court, the judgment of the court will be sustained. 6. Counties ? Evidence sustained employees right to benefits of act. Evidence established that a county employee sustaining accidental injuries in the course of his employment as an employee was incapacitated for the performance of his duties and was entitled to retirement benefits for total and permanent disability.