96 P.2d 435 | Idaho | 1939
Saturday, January 28, 1939, respondent, while lifting and carrying a 170-pound veal from a truck to hang on scales in the meat department of his employer, Stone's Food Stores, Inc., Lewiston, Idaho, felt a pain in the groin on his left side which "hurt pretty bad." The following Monday afternoon he reported to his employer that "I think I ruptured myself last Saturday." In the evening of that day he examined himself and discovered a bulging in the groin on his left side. Wednesday, February 1, 1939, Dr. W.H. Douglas examined the claimant and found him to be suffering from a direct inguinal hernia for which he operated the following Monday, February 13, 1939. Claimant then filed notice of injury and claim for compensation with the Industrial Accident Board. The matter was heard July 7, 1939. August 1, 1939, the board made and filed findings of fact and rulings of law, and on the same day entered an order awarding compensation to claimant for hospital, medical and surgical attention and compensation for eight weeks. The appeal is from the award.
Appellants contend while prior to the amendments of 1927 (Sess. Laws 1927, chap. 106, sec. 7, p. 142; now sec.
That claimant was a meat cutter; that in the discharge of his duties he was required to lift and move beef and veal; that beef came into the shop in quarters and veal came in whole; that a quarter of beef would weigh on an average, 135 pounds; that veal would weigh from 100 to 220 pounds; that on the morning of January 28, 1939, a load of beef and veal came in; that while lifting a 170-pound veal on to *729 scales in a back room he felt a sudden pain in the groin on his left side; that he examined himself Monday evening and found a bulging on that side consisting of a bump about the size of two thumbs put together; that he had never had a pain or bulging there before; that he had been doing that type of work for about six years, and that he was doing "nothing out of the ordinary" on the morning in question.
Substantially the same contention was made in In re Larson,
"Under the amendments of 1927, respondents contend that to authorize compensation for an injury there must be an accident, that is, a 'slipping, falling or unexpected happening outside of and disconnected with the personal injury'; that 'personal injury' is not synonymous with 'accident,' and under the facts as found by the board there was no accident which caused or contributed to the alleged personal injury from which deceased died. . . . ."
". . . .
"If respondents' contention is correct, and the amendments of 1927 are to be construed as denying compensation in all cases where a workman sustains an injury that is not preceded by slipping or falling or some like violent happening, no injury to a workman is compensable or can be regarded as an accidental injury in the absence of proof of a preceding slipping, falling or some sudden or violent accident. This construction, to our minds, is too technical and is not in keeping with the liberality of construction to be accorded to the law."
In the very recent case of Cook v. Winget, ante, p. 561,
Finally, Dr. Douglas testified the hernia appeared suddenly and immediately and in the manner testified by claimant, and that it had not existed in any degree prior to the accident.
The order of the board is affirmed.
Ailshie, C.J., and Budge, Givens and Morgan, JJ., concur.