251 N.W. 3 | Minn. | 1933
Relators' claim is that Anderson was an independent contractor and not an employe; that he did not sustain an accidental injury in the service of relator; that his infection and consequent death did not arise out of and in the course of his employment or service *126 for relator; that his wages and net income did not amount to $30 a week.
This case simply involves fact issues. They were for the determination of the industrial commission. Its findings on the issues presented had sufficient support in the evidence. Under the familiar rule consistently followed by this court and in most jurisdictions, such findings cannot here be disturbed. 6 Dunnell, Minn. Dig. (2 ed. Supp.) § 10426. It is proper that a rather full statement be made of the evidence.
Anderson was the owner of a Chevrolet truck, his sole business equipment. On June 29, 1931, he was engaged by relator Coca Cola Bottling Company to haul and deliver its bottled products by use of the truck at a compensation fixed at $1.25 per hour. The coca cola beverage was transported in wooden cases each holding 24 bottles. The suggestion of relators that Anderson was an independent contractor and not an employe is not tenable. Anderson was hired by it to do the specified simple work, was under its direction and control, did no work on his own responsibility, and did not exercise any initiative. His status could not be dignified to that of an independent contractor. The facts bring the situation well within that presented in Herron v. Coolsaet Bros.
On July 3, 1931, Anderson sustained an injury to the middle finger of his right hand. Some of the evidence tending to prove that the injury was received in the course of his employment was perhaps hearsay. Evidence was admitted over the objection of relators that Anderson told the foreman that he had cut his finger on a bottle and that a doctor had put the bandage on for him. It may be that this evidence was admissible under theres gestae rule. Similar statements as to how and where he sustained the injury were made by Anderson to physicians who cared for him. There *127
was, however, sufficient competent evidence justifying the commission's finding. That is all that is necessary. 1 Mason Minn. St. 1927, § 4313; McDaniel v. City of Benson,
On July 7 Anderson went to the University dispensary, where he was treated for an infection of the injured middle finger. On July 10 he went to the United States Veterans Hospital, where it was immediately discovered that he had a "serious septic infection" going up the arm. His finger was then lanced and otherwise properly cared for. He died of acute septicemia on July 16, 1931. There was an unbroken sequence of events from the injury to the death. The medical testimony for respondent fully established that the death resulted directly from the accidental injury. There was no medical evidence for relators.
Anderson worked at irregular hours from June 29 to July 3, both inclusive. He received for his services checks amounting to $54.81. There was evidence that other employes of relator engaged in delivering its products using relator's trucks received an average wage of about $30 per week; that the average hours per day worked by two of such men "might be 10 hours or 8 hours or *128 12 hours"; that their average working hours per day would be 10. From this and other evidence we conclude that the amount of the weekly award was proper.
One hundred dollars attorneys' fees allowed in this court.
Affirmed.