Miller v. City of Billings

Defendants appeal from the decision of the district court, Yellowstone County, overturning the Workmen’s Compensation Division of the Industrial Accident Board denial of benefits under the Workmen’s Compensation Act, Title 92, R.C.M.1947.

Claimant George Miller was employed by the City of Billings sanitation department for several years, and was assigned to the Billings landfill dump in 1963 to operate a dozer covering garbage. On April 5, 1966, claimant was “gassed” by diesel fumes from equipment and smoke from burning trash while working at the dump. He was taken home by a co-worker and his…