210 N.W. 871 | Minn. | 1926
The relator contends that the findings are wholly unsupported by the evidence; that it appears conclusively that the primary cause of the hernia which the physicians found in January, 1925, was the injury suffered in February, 1924, and that a consideration of all the evidence, together with all permissible inferences therefrom, necessarily leads reasonable minds to this conclusion.
The rule governing this court in reviewing the findings of the Industrial Commission is well settled. The cases are collected in Dun. Dig. 1921 Supp. § 5854z, and Walker v. Minn. Steel Co.
Tested by this rule, the relator's contention cannot be sustained. There was evidence tending to show that in the spring of 1923 Krueger appeared to be anemic; that about five weeks after the *155 operation and his discharge from the hospital his physician sent him back because he showed symptoms of pernicious anemia; that the symptoms gradually became more pronounced; that the precise cause of pernicious anemia is not known to the medical profession although a number of theories have been advanced; that a traumatic injury is not recognized as a possible cause and neither is hernia, but that the weakening of the bodily tissues which is incident to anemia may be followed by a hernia; that the operative treatment effected a cure of the hernia caused by the injury, and that the hernia found later was not due to the injury. Opposed to this, there was evidence showing clearly enough that after he was injured, Krueger never regained his former state of health or strength and that he never was able to do any work thereafter. Evidence that the operation did not effect a cure of the hernia, and that anemia did not make its appearance until after the operation was also produced in support of the claim. This is the evidence upon which relator bases the contention that the injury was the immediate or exciting cause of Krueger's continued occupational disability and that no other cause therefor was shown. In these circumstances it is argued that the commission was required to find that the disability which resulted from the injury did not cease on June 6, 1924, but continued to the date of the second hearing.
When the evidence is considered as a whole, this view cannot be adopted. There was an issue of fact upon which findings might have been made in harmony with the relator's contention, but a contrary finding was also warranted and this being true the decision and order of the commission must be affirmed. *156