Page:North Dakota Law Review Vol. 2 No. 1 (1925).pdf/5

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The findings of the Industrial Accident Commission in matters of award stand on the same footing as the findings of a Judge, or verdict of a jury, and will not be set aside, if there is any substantial evidence upon which it may rest—Berman vs. Industrial Commission, 238 Pac. 1052, (Cal.).

The findings of fact made by the Commission within its power are, in the absence of fraud, conclusive.—Maryland Casualty Co. vs. England, 129, S. E. 75, (Georgia).

An award under the Workmen's Compensation Law cannot be said to be conjectural, or unsupported by evidence, merely because evidence on which based might have justified different -findings——Standard Oil Co., vs. Sullivan, 237 Pac. 258, (Wyoming).

The report of the Workmen's Compensation Bureau just filed with the Governor included a tabulation of the cost of fatal accident cases, in order that the public might be advised of the number, nature, extent and average of the awards in such cases. The tabulation covers all fatal and permanent disability cases from July 1, 1919, to June 30, 1925, since which time there have been awards made in five other death cases that are not shown by the tabulations because they were made subsequent to the period covered by the report. It will be observed that the awards vary considerably with the number and nature of the dependency, the largest award in any case being $25,819.32. The tabulation can not be given in detail here, the total and average only being listed:

No. Total Cases Type Award Average. 9 Permanent Totals ...........0.......... .. $160,300.60 $17,811.18 1 Mother, Brothers and Sisters 5,266.31 5,266.31 2 Brothers and Sisters .................- 2,590.76 1,295.38 4 POPONte:. sesccccccesepsccosssccusccessacscomasreaseaccucassecoxe 5,862.96 1,465.74 24 Widow and Children... 247,468.28 10,311.18 1 Children Only 5,322.10 5,322.10 13. Widow Only ............. shi uadasadesbienstiataveeauranaaee 68,395.33 6,261.18 54 Total with Dependents ..................:000- $495,206.34 $ 9,170.49 16 No Dependents sisciscccccssciscccciscccccsssctscecacssecce 9,526.75 595.42

70 TOTAL ALL CASES 0.022... . $504,733.09 $ 7,210.47