Aetna Cas. & Sur. Co. v. Hightower, 16380.

• Decision Date: 17 October 1939
• Docket Number: No. 16380.,16380.
• Citation: 22 N.E.2d 875,107 Ind.App. 46
• Parties: AETNA CASUALTY & SURETY CO. v. HIGHTOWER et al.
• Court: Indiana Appellate Court

107 Ind.App. 46

22 N.E.2d 875

AETNA CASUALTY & SURETY CO.

v.HIGHTOWER et al.

No. 16380.

Appellate Court of Indiana, in Banc.

October 17, 1939.

Appeal from Industrial Board.

Proceeding under the Workmen's Compensation Act, Burns' Ann.St.1933, § 40-1201 et seq. by Fred Hightower, claimant, opposed by the Kingston Products Corporation, employer, the Employers' Liability Assurance Corporation, which was the insurance carrier for the employer, on date of injury, and the AEtna Casualty & Surety Company, insurance carrier for the employer at time disability began. From an award of compensation in favor of claimant against the employer and the AEtna Casualty & Surety Company, the AEtna Casualty & Surety Company appeals.

Award against the AEtna Casualty & Surety Company reversed, and award as against the employer affirmed, with instructions.Noel, Hickam, Boyd & Armstrong, of Indianapolis, for appellant.

Geo. C. Uhlir and John E. Fell, both of Kokomo, for appellees.

DUDINE, Judge.

This is an appeal from an award of the Industrial Board.

The Industrial Board found, among other facts, that on or about the 17th day of September, 1937, appellee Hightower was in the employ of appellee Kingston Products Corporation and on said date Hightower suffered an injury as a result of an accident arising out of and in the course of said employment. As a result of said accident Hightower suffered a left incomplete inguinal hernia and became disabled on the 21st day of March, 1938.

The Industrial Board further found that prior to October 1, 1937, appellee Employers' Liability Assurance Corporation was the insurance carrier for said employer and that beginning on said date appellant, AEtna Casualty and Surety Company, became the insurance carrier for said employer. The Industrial Board granted Hightower an award of compensation against the employer and against appellant, AEtna Casualty and Surety Company.

Appellant has perfected an appeal from said award in which it has assigned as error that the award is contrary to law.

There is but one question presented in this appeal and that is the question whether appellee, Employers' Liability Assurance Corporation, who covered the employer's compensation risk on September 17, 1937, when the accident occurred, should bear the loss or whether appellant, AEtna Casualty and Surety Company, who covered the risk at the time the employee's disability began, should cover the loss.

[1] An employer's liability under the Workmen's Compensation Law is based upon the theory that the industry in which an employee is engaged should carry the burden of impairments to and disabilities of employees which result from accidents arising out of and in the course of the employment.

If Hightower had quit working for Kingston Products Company after the accident occurred and before he became disabled, and had worked for another employer in the meantime and until he became disabled as a result of said accident which occurred on September 17, 1937, it would certainly be unjust to hold the latter employer liable for such disability.

[2] An employer is liable not only for the immediate disabilities and impairments suffered by an employee as a result of such accidents but he is also liable for future disabilities and impairments suffered by the employee as a result of such accidents, which disabilities and impairments occur within the time limits of the statutes of limitations applicable thereto.

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