9 S.E.2d 688 | Ga. Ct. App. | 1940
Where, upon the hearing of a claim for compensation for a death resulting from an operation for a hernia, it appeared that the decedent had a pre-existing hernia condition which became strangulated while he "was performing his usual duties and without any accident," the award denying compensation was authorized.
The deputy director, before whom the hearing was conducted, *697 found as a matter of fact, and ruled as a matter of law, that Willie Littlejohn did not sustain an accidental injury arising out of and in the course of his employment on January 12, 1939; that the hernia for which the operation was performed was an old hernia which slipped down through the right inguinal ring while the decedent was performing the usual duties of his employment, and without any accident, and that it immediately became strangulated; that the death of the decedent resulted from pneumonia which developed as a result of his weakened physical condition following the operation performed for a pre-existing hernia, which was in no way caused or aggravated by accidental injury, but which merely became strangulated while he was performing his regular duties after it had been in existence for a number of years; that the claimant had "failed to carry the burden of proving by showing that the hernia for which the operation was performed resulted from an accidental injury arising out of and in the course of the decedent's employment;" that "the hernia appeared suddenly following the accident and was accompanied by pain, and that it did not exist prior to the accident; . . that the hernia existed for a number of years prior to the date of the alleged accident, and that it became strangulated while the decedent was in the performance of his usual duties, and not as a result of an accidental injury." Therefore the director found that no compensation was payable for the death of the deceased. From this finding Alberta Littlejohn appealed to the board, where the award was affirmed. She filed her appeal to the superior court, and to the judgment of that court affirming the award of the Industrial Board she excepted.
"In all claims for compensation for hernia resulting from injury by accident arising out of and in the course of the employee's employment it must be definitely proved to the satisfaction of the Department of Industrial Relations [Industrial Board, see Ga. L. 1937, pp. 230, 232, 233 235]: first, that there was an injury resulting in hernia; second, that the hernia appeared suddenly; third, that it was accompanied by pain; fourth, that the hernia immediately followed an accident; fifth, that the hernia did not exist prior to the accident for which compensation is claimed." Code, § 114-412. Where, upon the hearing of a claim for compensation for death resulting from an operation for a hernia, brought under *698
the above Code section, the evidence adduced before the hearing director authorized a finding by him that the deceased employee had been previously afflicted with the hernia for a number of years, which was evidenced by the protrusion in his groin, and that while he was performing the usual duties of his employment, "and without any accident," the old hernia "slipped down through the right inguinal ring" and became "strangulated," necessitating an immediate operation, an award by the director approved by the board on appeal, denying compensation on the ground that the death of the employee "resulted from hernia following an operation for a preexisting hernia which became strangulated not as the result of an accidental injury but while he was merely performing his usual every-day duties," was properly affirmed by the superior court. See Sullivan v. Social Circle CottonMills,
Judgment affirmed. Sutton and Felton, JJ., concur.