200 A. 447 | R.I. | 1938
This is an appeal from a decree of the superior court denying and dismissing a petition for relief under the workmen's compensation act. The petition alleges as the cause of injury "that the petitioner sustained a serious strain in his back which was caused by lifting large stones and loading the same on trucks."
The petitioner was employed by the respondent to do manual labor, such as using pick and shovel, pushing a wheelbarrow and loading stones on trucks. In direct examination he testified that "in putting a heavy stone on the truck", the stone "came back" against his chest and, pushing him backward, caused an injury to his back which disabled him. His cross-examination discloses that, at a hearing before the director of labor, he made no claim that the stone "came back" against his chest. The petitioner, who testified through an interpreter, excuses this omission on his part at that time by saying that: "They didn't ask me questions in regard to that business up at the State House."
In the instant case there is legal evidence tending to prove causal connection between the petitioner's work and *130 his injury. His attending physician testified that the petitioner, in giving him the history of his injury, told him that he injured himself "as he bent over backward while lifting a large stone onto a truck"; that on examining the petitioner, he found him suffering from "acute lumbar sacral strain", which is an injury to the lower back; and that such injury might well result from the lifting of a heavy stone.
Upon this evidence the trial justice found as a fact that the petitioner received a strain or sprain in his back while loading a truck with stones; that because of such injury, he was unable to work from August 21 to October 15, 1936; and that his doctor then advised him to get light work. However, he denied and dismissed the petition on the ground that the petitioner had failed to prove that his injury was the result of an "accident", within the meaning of that term in the workmen's compensation act.
Excluding the ruling of the trial justice on the question of what constitutes an "accident", within the meaning of the act, which is a ruling of law, all his findings are findings of fact based on legal evidence. In such a case, no fraud being alleged or proved, his findings of fact are conclusive. G.L. 1923, chap. 92, art. III, sec. 6, as amended by P.L. 1928, chap. 1207.Bernier v. Narragansett Electric Co.,
The respondent states in his brief that: "Where an employee does what he intends to do, his act is not an `accident' within the Workmen's Compensation Act," and cites as authority for such statement the decisions of this court in Rowe v. RiverSpinning Co., 144 A. (R.I.) 109 and Shewczuk v. CentrexevilleMfg. Co.,
The respondent in the instant case has lifted certain language in the Shewczuk case from its immediate context and now urges such language upon us as a rule of law in compensation cases. In considering the facts in that case, the court, confining itself strictly to the evidence, says: "Mr. Shewczuk's duties did not require him to go outdoors and open the bottle containing the sulphuric acid. He did not open the bottle by mistake. He did just what he intended to do. He was in such haste to accomplish his purpose that he broke off the neck of the bottle instead of taking time to remove the stopper in a careful manner. When a person does what he intends to do it cannot besaid to be an accident. Mr. Shewczuk's employment was in the finishing room and he was not required to handle the acid. . . . There is no evidence that defendant ever furnished bottled water for its employees. The evidence shows no causal connection between the employment of the deceased and his intentional and forcible opening of the bottle of acid." (italics ours.) The italicized language, which is clearly directed to the facts then under consideration, does not warrant the respondent in the instant case in urging such language as the statement by this court of a general rule of law applicable in compensation cases.
In Walsh v. River Spinning Co.,
We have held that the workmen's compensation act is a remedial statute and, therefore, should be liberally construed.Colli v. Crown Piece Dye Works,
Applying the above interpretation of the word "accident" to the facts in the instant case, we are of the opinion that the petitioner did sustain a personal injury by "accident" arising out of and in the course of his employment, and that the petitioner was entitled to compensation under the provisions of our statute. The trial justice erred in denying and dismissing the petition in the circumstances of this case.
The petitioner's appeal is sustained, the decree appealed from is reversed, and the cause is remanded to the superior court for further proceedings.