Guy F. Atkinson Co. v. Webber

I dissent upon the following grounds: (1) The evidence produced at the so-called joint board hearing was not sufficient upon which to base the order granting the pension and charging the employer with cost experience, but did, on the other hand, clearly demonstrate that Mr. Webber's death was not the result of a "sudden and tangible happening of a traumatic nature"; (2) that the department's conclusion is arbitrary and capricious and was based upon a theory which is fundamentally wrong, and that its order should not be accorded a presumption that it was correct; and (3) that the…