78 Ind. App. 94 | Ind. Ct. App. | 1922
— Appellant filed with the industrial Board his application for compensation. At the hearing, the
The sufficiency of the evidence to sustain the finding and award is assigned as error.
The only question for our consideration is: Does the evidence sustain the finding of the board that appellant’s injury for which he claims compensation did no.t arise out of and in the course of his employment? The evidence on this issue is in substance as follows: Appellant, who is sixty-eight years of age, was employed by appellee in its chair factory, and as such employe one of his duties was to place unfinished chairs in piles. On March 23,1920, a rocking chair which appellant was attempting to place upon the top of a pile, fell to the floor causing appellant to. lose his balance, and as .a result he fell upon the chair in such a manner as to strike his right groin upon the point of one of the runners of the chair. The injury resulting to appellant was such as to cause him pain at the time, but not sufficient to stop him from work. He continued his work for appellee regularly until' October 9,. 1920, when he ceased to work for appellee. Appellant did not notify appellee of his fall, or that he had received an injury until November 27, 1920. Appellant testified that a short time after the injury he consulted Dr.-Stewart, by whom he was told that he had sustained a partial rupture, but that he did not again consult a physician until November 24, 1920, when he again consulted Dr. Stewart, and was told that he had a complete hernia. At the hearing, Dr. Stewart, as a witness for appellant testified that he examined appellant “the last of November 1920” at which time he found' him suffering from inguinal hernia. The witness also testified that he had no rec