Radonich v. Anaconda Copper Min. Co‪.‬

Workmens Compensation ? Aggravation of Injury on Leg by Varicose Veins ? Evidence ? Insufficiency. Workmens Compensation ? Aggravation of Injury on Leg by Varicose Veins ? Compensation as for Total Disability ? Insufficiency of Evidence. 1. Finding of the district court on appeal in a workmans compensation case that a slight abrasion on the leg of claimant - Page 438 (which the evidence showed had completely healed several months prior to the hearing before the Industrial Accident Board on his petition for additional compensation) had so aggravated varicose veins in the leg as to cause him to be permanently and totally disabled from pursuing his occupation as a miner, held not supported by the evidence; therefore the court erred in setting aside the order of the board disallowing the claim, and ordering compensation on the basis of total disability. Same ? Circumstances Under Which Supreme Court may not on Own Motion Remand Cause to Industrial Accident Board for Taking of Further Testimony. 2. Where claimant under the Workmens Compensation Act was represented by experienced counsel both at the hearing before the Industrial Accident Board and on his appeal to the district court, which permitted him to introduce additional testimony, thereby strengthening the adverse decision of the board, that court, however deciding in his favor on a finding not supported by the evidence, the supreme court may not of its own motion, under the provisions of the Act, in reversing the judgment direct the district court to remand the cause to the board for the taking of further testimony. (JUSTICES FORD and ANGSTMAN dissenting.) Same ? Power of Supreme Court on Appeal. 3. Quaere: May the supreme court in a workmans compensation case, where it is confronted on appeal by an extraordinary condition, factual or legal, in order to prevent a miscarriage of justice, remand the cause with direction that the Industrial Accident Board grant the claimant a further hearing?