Byers v. Creeco Mill & Elevator Company

(dissenting) :

I am unable to agree with the majority-opinion.

It is my conclusion that the effect of the majority holding is that medical testimony to the effect that claimant’s condition was not caused by his work is sufficient to sustain an order of the State Industrial Court denying an award to such claimant. Such a determination does not decide the basic issue here involved, which is whether or not there was any evidence that the claimant’s work did not aggravate or accelerate an admitted latent pre-disposing condition.

If a workman’s physical structure gives way under stress of his usual…