Dugan v. Sheller Mfg. Co.

• Decision Date: 30 November 1938
• Docket Number: No. 16247.,16247.
• Citation: 17 N.E.2d 471,106 Ind.App. 13
• Parties: DUGAN v. SHELLER MFG. CO.
• Court: Indiana Appellate Court

106 Ind.App. 13

17 N.E.2d 471

DUGAN

v.SHELLER MFG. CO.

No. 16247.

Appellate Court of Indiana, in Banc.

November 30, 1938.

Appeal from the Industrial Board.

Proceeding under the Workmen's Compensation Act by Earl Dugan, claimant, opposed by the Sheller Manufacturing Company, employer. From an award of the Industrial Board denying compensation, the claimant appeals.

Award affirmed.

Tod Whipple, of Portland, for appellant.

L. A. Shaner and Slaymaker, Merrill & Locke, all of Indianapolis, for appellee.

STEVENSON, Presiding Judge.

This is an appeal from an award of the Industrial Board of Indiana denying the appellant compensation.

The Record discloses that the application was filed with the Industrial Board of Indiana by the appellant and upon hearing before one member there was a finding for the appellant. The matter was then submitted before the full Industrial Board and a finding and order by a majority of its members decreed that the appellant take nothing by his complaint. The hearing member dissented.

The appellant assigns as error before this court generally that the award of the full Industrial Board is contrary to law.

It was stipulated by the parties that on December 2, 1937, the appellant was in the employment of the appellee, Sheller Manufacturing Company, with an average weekly wage in excess of $30. The appellant testified that he had been in the employ of the Sheller Manufacturing Company since October 15, 1935, and that on December 2, 1937 he went to work at 4:30 in the afternoon, intending to work eight hours. He further testified that he worked on a lathe, making automobile steering wheels, that about 8:30 on the evening of December 2, 1937, and while working with his lathe, he stooped to pick up a hub, slipped on the floor made wet from alcohol used in operation of high speed machinery, and hit his head against the lathe. This accident caused an injury on the left side of his head which bled freely and caused the appellant to become dizzy and sick. The appellant testified that he left his lathe, went to the wash room where he attempted to stop the flow of blood and applied first aid bandages; that on the way to the wash room he told Wendell Sipe, assistant foreman of the defendant's plant, that he had hurt himself and was going home, to which the assistant foreman replied, “Alright.” The appellant further testified that he returned to his rooming house and was confined to his bed and to the house for several days; that he first saw a doctor about December 11. At that time the wound was large, swollen and badly infected. He was also suffering from diabetes and the doctor who treated him testified that he had had two similar infections before. The doctor was unable to state the cause of the infection, but testified that the appellant gave him a history of being hurt on a lathe on November 27, at about 6:30 p. m. and that he had worked until 8:30 p. m., December 3, 1937.

The assistant foreman, Wendell Sipe, testified that on the night of December 2, the appellant told him nothing of having sustained an injury and he saw no evidence of such and that...