[DOWNLOAD] "Donald L. Hite v. Kulhenak Building" by Supreme Court of Idaho No. 11292 * eBook PDF Kindle ePub Free
eBook details
- Title: Donald L. Hite v. Kulhenak Building
- Author : Supreme Court of Idaho No. 11292
- Release Date : January 24, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The issue before the Court in this case is whether the State Industrial Commission may, in a proceeding before it, admit reliable hearsay evidence into the record and whether that evidence is sufficient to support the commission's decision. For reasons that will be discussed, we have concluded that the evidence was properly admitted and will support the decision reached by the commission in this case. On June 9, 1970, the appellant, Donald L. Hite, was injured while in the employ of respondent Kulhenak Building Contractor. As a result of the accident, he suffered permanent partial loss of one arm and complete loss of his right kidney. A hearing was held before the State Industrial Commission. At the hearing, Dr. C. E. Groom, a urologist from Pocatello, testified on behalf of appellant that he had examined the appellant and rated the loss of one kidney as equivalent to seventy-five percent loss of one leg at the hip. The loss of a leg at the hip is a scheduled loss under the workmen's compensation law while the loss of a kidney is not. It is permissible to rate an unscheduled loss as being equivalent to part or all of a scheduled loss. I.C. § 72-313 (pre 1971 statute). This loss rating would have entitled appellant to receive a total of one hundred and thirty-five weeks of compensation under I.C. § 72-313.