Page v. Department of Labor & Industries

(dissenting) — It is a matter of regret to be unable to agree with the court’s decision: However, the matter is so fundamental that a complete statement of the reasons for my dissent is appropriate.

The court decides that a physician witness must testify as to the precise percentage of disability, even though all of the facts respecting the disability are in evidence.

The evidence is amply sufficient to sustain the verdict. The accident was catastrophic. Respondent was on the roof of a revetment which collapsed, burying him under six hundred tons of sand and debris. Hospitalization ensued…