Hendricks v. Industrial Accident Commission

YORK, P. J.

Petitioner alleges that on or about the 10th day of August, 1936, while employed by the respondent Cadmium Nickel Plating Company as a truck driver, he sustained injuries in the course of his employment when he picked up a box of metal parts weighing over 200 pounds; that as he started to turn to place said box upon his truck his foot came into contact with the wheel of a hand truck, which had been pushed up and stopped adjacent to the place ■where petitioner was handling said box of metal parts, and suddenly arrested a turning motion that he was then making. Petitioner felt a severe pain in the region of his right hip or lower right back, but after resting a few moments the pain diminished and he was thereafter able to drive his truck to the plant of respondent employer. Later in the day the pain became intense and petitioner was sent by his employer to McGinnis Staff Hospital for examination, where he was told by the examining physician that he had strained his sciatic nerve. He was treated for several days at this institution and was then sent to two doctors furnished by respondent insurance carrier, who treated him until approximately August 25, 1936, before any X-rays of the injured employee were taken. After said X-ray pictures were taken, petitioner was told by the doctor who took them that there was no injury to his hip or lower right back, and on or about September 1, 1936, said doctor instructed petitioner to return to his work in spite of the fact that petitioner at that time stated he had pain in his right hip and could not use or step on his right leg without pain. Relying upon said instructions of insurance carrier’s doctor, petitioner returned to his work on the 2d day of September, 1936, and was given light work sitting at a bench which he was able to perform; on the following day petitioner

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was asked by another employee to help carry or move a heavy box of parts from a truck. Petitioner felt a severe pain in the region of his right hip or lower right back when he took his first step carrying the box and on the second or third attempted step thereafter, his right leg collapsed under him and he fell to the floor. Petitioner was again examined by insurance carrier’s doctors and was told that he was suffering from sciatic rheumatism, and was later told by another of insurance carrier’s doctors that he was not suffering from any sciatic nerve trouble, but that he was suffering from arthritis; that his suffering was not caused by any injury received in the course of his employment, that he could not expect to receive medical attention from insurance carrier, but must obtain his own medical assistance. Thereafter X-rays were again taken and it was found that petitioner had received an impacted fracture of the right femur and that there was a definite shortening of the lower right extremity.