Eagle Chem. Co. v. Nowak

• Decision Date: 26 October 1915
• Citation: 161 Wis. 446,154 N.W. 636
• Parties: EAGLE CHEMICAL CO. v. NOWAK ET AL.
• Court: Wisconsin Supreme Court

161 Wis. 446

154 N.W. 636

EAGLE CHEMICAL CO.

v.NOWAK ET AL.

Supreme Court of Wisconsin.

Oct. 26, 1915.

Winslow, C. J., dissenting.

Appeal from Circuit Court, Dane County; E. Ray Stevens, Judge.

The Eagle Chemical Company appeals from an award of the Industrial Commission of Wisconsin to Henry Nowak under the Workmen's Compensation Law. Award of Commission, as approved by court below, affirmed.

This is an appeal from a judgment for the circuit court for Dane county confirming an award of the Industrial Commission. The Commission found:

That “on June 22, 1914, applicant and respondent were both subject to the provisions of chapter 599, Laws of Wisconsin for 1913. That on said date, while in the employ of the respondent and performing service growing out of and incidental to his employment, applicant accidentally sustained personal injuries. That the injuries sustained were the proximate result of an accident and were not intentionally self-inflicted. That as a result of said accident the applicant was totally disabled from June 26 to November 29, 1914, a period of 22 weeks and 2 days. That at the date of the accident applicant's average weekly wage was $9.63 per week, and that he is entitled to compensation at the rate of $6.26 per week during said period of total disability. That no compensation has been paid to the applicant herein. That on the direct order of the respondent company the applicant was furnished medical, surgical, and hospital treatment as follows: Dr. J. H. Hackett, $130; St. Mary's Hospital, $66.30; and Dr. Alexander, $1.75. That the respondent is directly liable for said bills. That the above-mentioned medical, surgical, and hospital treatment was furnished within the 90-day period provided by law.”

The Commission rendered the following memorandum decision:

“Henry Nowak is a young man about 22 years of age. While in the employ of the respondent on the 22d of June, 1914, he was engaged in loading a barrel of soap from a platform. The barrel weighed about 500 pounds, and Nowak, together with two others, was rolling it up a skid; Nowak being in the center and the other workmen being at the end of the barrel. Nowak slipped, and the barrel came back suddenly, causing him to fall across the barrel. Very shortly thereafter he complained of his condition to his employer, Mr. Winbigeler, the manager of the company, who was one of the men loading the barrel with him. He was directed by Mr. Winbigeler to go to Dr. Malone for treatment. Later he went to the county hospital for treatment and consulted various doctors. On July 18th he consulted Dr. Hackett, on the advice of Mr. Winbigeler, and on July 20th went to St. Mary's Hospital and was operated upon. He did not recover from his malady after this operation, and later, in October, was treated at the Marinette Hospital. He finally recovered from his disability and went back to work on November 29, 1914. He made application to the Commission for compensation, claiming he had received a rupture.

On the hearing it appeared that he did not suffer from a rupture, but suffered from inflamed glands in the groin, and the Commission directed that the pleadings might be amended to conform to the proof. There is no dispute in this case about the serious nature of Nowak's malady. The only question is as to whether the injury which he suffered from is the proximate result of the accident which happened to him on the 22d of June. It was shown, without controversy, that he had adenitis of the lymphatic glands in the groin, and that it became necessary to remove, by operation, a number of these glands to relieve and cure him. It likewise appears without controversy that adenitis is usually caused by infection, and that infection is produced by poison entering through an opening in the tissues. The function of the lymphatic glands is to strain out the poison from the blood and preserve the general health. Under ordinary conditions the glands are able to respond to the demands upon them. Infection of the glands in question usually comes through gonorrhœal infection through the penis, but may come from other sources, as from infection of the lower limbs, or from tuberculosis germs. It also appears that the condition found here may have come...