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eBook details

• Title: Neva Davis v. Schmidt Brothers
• Author : Supreme Court of Idaho No. 10063
• Release Date : January 18, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Neva Davis, appellant herein, is the surviving widow of Elmer Davis, deceased. Respondent Schmidt Brothers, Inc., the employer
of Elmer Davis, operates a lumber mill at Weippe, Idaho. Respondent Workmen's Compensation Exchange is the surety for the
employer. Davis died on July 12, 1965, while working as the superintendent of the employer's lumber mill. Subsequently his widow filed
with the Board a claim for benefits as a widow under the workmen's compensation act. She petitioned for hearing, alleging
that her husband suffered personal injury caused by an accident arising out of and in the course of his employment with Schmidt
Brothers, Inc., and that his death resulted therefrom. The respondents by their answer denied these allegations, and as an
affirmative defense alleged that Davis' death resulted from a pre-existing condition of the heart which in no way arose out
of or in the course of his employment. Hearing was held by the Board on the issues presented by the petition and answer. The
Board subsequently entered its order denying appellant's petition for benefits, from which she has appealed.

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