Legal Opinion · Dissent

American Smelting & Refining Co. v. Industrial Commission

Utah Supreme Court

Decided August 28, 1930No. 4977Published

1DissentFouland, J.

I dissent. Finding No. 3 is as follows:

“The evidence shows that Mr. Ofgren has refused in this case proper medical aid tendered to him as a result of which he contracted a very severe infection resulting in the entire loss of the great finger of the left hand and at this time a considerable loss of function of the left hand at the wrist.”

The evidence does not show that the infection which caused the loss of the finger resulted from Ofgren’s refusal of medical aid. The medical witness would not, and did not, say that this refusal caused the infection. The infection was already in the wound,…

2Cases cited3 opinions

  1. Austin v. NewtonCalifornia Court of Appeal · 1920
  2. Thomas v. FoulgerUtah Supreme Court · 1928
  3. Evona Inv. Co. v. BrummittUtah Supreme Court · 1925

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