187 Iowa 397 | Iowa | 1919
One Pettit, on and prior to the date on which he was fatally injured, was employed by the American Bridge Company as an assistant, or carpenter’s helper, on a new bridge which appellant was erecting for the Union Pacific Bailway Company across the Missouri Biver between Council Bluffs and Omaha. Shortly after he arrived on the premises on the morning of November 4, 1916, to go to work, he was struck and run over by a railway train, and instantly killed. His beneficiary made claim against appellant, under the Workmen’s Compensation Act, and it was found by the committee of arbitration, before which a hearing was had upon evidence introduced on both sides, that claimant was entitled to compensation at the
» The contention of counsel for appellant is that the evidence upon which the finding and "award of the arbitration committee and the order of the commissioner affirming same are based, shows conclusively, without conflict or dispute, that Pettit had been discharged by appellant, and that he had left the premises in obedience there
The jurisdiction conferred by the statutes of this state upon the industrial commissioner is limited to “matters relating to employers’ liability for personal injury sustained by employees, fixing compensation therefor, securing payment thereof,” etc.
The commissioner found, upon the other questions of fact, that Pettit was slightly deaf; that the evidence failed to show affirmatively that he heard the foreman, when he first spoke to him upon the subject, tell him he had better go home and stay until Monday morning and sober up; and that he did not realize or understand, before he left the bridge with Morgan, whose hand had been badly bruised by a heavy block of wood carelessly dropped by Pettit, or until after his return, that he was discharged for the day. This finding has some support in the evidence, whether by the greater weight thereof is a question we cannot determine in this proceeding. The evidence is undisputed that Morgan, a fellow employee, with whom Pettit worked as an assistant or helper, told Mm, when . he began work, that “he was not fit to work,” and that Pettit replied, “Morgan, I am all right,” and went to work; that Beavers, an- assistant foreman, observing that Pettit had dropped a block, bruising Morgan’s finger, asked the latter why “he did not send Pettit in, if he thought he was not fit tq work;” and that the foreman told Pettit that he had better go home and stay until Monday morning:. but it does not appear that the latter made any response to this statement. He left the premises with Morgan, who went a short distance from the bridge, to have his fingers dressed, and returned with him, and attempted to resume work. The foreman, however, seeing him pick up one of the heavy
It is our conclusion, therefore, that the commissioner did not act illegally or without jurisdiction in affirming the award of the arbitration committee, and that no ground for reversal exists. The finding and judgment of the court below is, therefore, — Affirmed.