Singer v. Industrial Accident Commission

TYLER, P. J.

Certiorari

to review an award of the Industrial Accident Commission.

Petitioner was employed as a woodsman by respondent Hobart Estate Company at its mills. He was self-insured. He claimed to have suffered a hernia while in the act of prying logs apart, during the course of his employment. Application for adjustment of claim for compensation was filed with the Industrial Accident Commission. A hearing was had and the Commission found that the hernia complained of was not caused or exacerbated by injury arising out of and in the course of employment and an award was made in favor of the employer. A rehearing was asked for and denied, and the present proceeding followed. At the hearing, petitioner was' the sole witness to the facts out of which the injury arose. The only other witness was a physician employed by respondent Hobart Estate Company at its plant.

It is here claimed that the award denying compensation is without any evidence to support it. It is in substance as follows: Petitioner entered the employ of respondent Hobart Estate Company on or about the fifth day of May, 1929. His work consisted in hauling and cutting logs. On the third day of his employment he attempted to pry certain logs apart with a large pole. "While thus engaged he experienced a pain in his groin which felt like someone sticking him with a needle. He lowered his trousers to make an examination, but saw nothing and proceeded with his work. A few days later he reported the matter to a fellow-employee. About a week later he was transferred to a different camp, at which time he informed the superintendent of his trouble and expressed a desire to see the doctor employed by the company. On his way to the new camp he consulted this physician and informed him of his condition. The physician made a cursory examination and discovered a slight inguinal hernia about the size of the end of his thumb. He informed petitioner that he would perform an operation for the sum of one hundred dollars. The applicant, being destitute of funds, did not avail himself of this offer. At the hearing the physician testified that while it was his duty to look after industrial injuries suffered by

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employees of the company without charge to them, he justified his demand upon petitioner on the ground that he was not certain that the hernia was of recent origin, and when asked for his reason in so concluding he testified that it was on account of applicant’s delay in reporting his injury. He admitted that he was informed that the applicant had received an injury some three days after he entered the employ of the company, and had suffered some pain for about ten days. He also admitted that the applicant did not know he had received a hernia. He further testified that he could not say, from the examination he had made, whether the hernia was a new or an old one. This, in substance, is the entire evidence in the case.