Errante v. Fisher Body Division, General Motors Corp.
| Decision Date | 21 January 1964 |
| Docket Number | No. 31503,31503 |
| Parties | Biagio ERRANTE, (Claimant) Appellant, v. FISHER BODY DIVISION, GENERAL MOTORS CORPORATION, (Defendant) Respondent. |
| Court | Missouri Court of Appeals |
Michael J. Ebeling, St. Louis, for appellant.
Albert I. Graff, Malcolm I. Frank, St. Louis, for respondent.
This is an appeal from a judgment of the Circuit Court affirming a final award by the Industrial Commission of Missouri denying compensation to the claimant-appellant.
The claimant stated in his claim for compensation that he was injured 'on company premises, going up stairs to commence work, when employee's attention was attracted by a loud noise causing him to turn and in this way a twist occurred which cracked through a disc in his back requiring many examinations and treatment, including surgery and traction.' The employer in its answer denied that the claimant suffered an accident within the meaning of the Workmen's Compensation Act.
It was admitted upon trial that the claimant was an employee, as alleged, and that the Fisher Body Division of General Motors Corporation was under the provisions of the Workmen's Compensation Law. It was also admitted that the employer had notice of the alleged accident. The time lost, the extent of disability, and the rate of pay were also admitted. The only issue remaining for trial was whether or not the claimant sustained an accidental injury arising out of and in the course of his employment, and if so, what medical expenses should be allowed to him.
The claimant worked in a shift that started around four o'clock in the afternoon and ended near midnight. He testified that on March 21, 1961, he had entered the employer's premises and was going up some concrete steps to the working area. He said that he 'heard a real loud noise and turn around all at once.' He further said,
He testified that he went to the work line, and when the foreman came up to him, he said: He then asked for a pass to go down to the nurse and was given one. He stated to the nurse: He was given some heat treatment by the nurse and returned to work. He worked throughout his shift, but his back continued to hurt him and he later went to a hospital, where it was found that he had a herniated lumbar disc. He was later operated on for this.
By agreement of counsel a deposition of the claimant was introduced in evidence. In the deposition the claimant was asked what happened as he was going up the steps. He answered: He was then asked: 'You say you were about half way up the steps,' and he answered, 'Yes, and turned.' He was then asked if someone had called his name, and he answered: 'No, no one called me at all, I just happened to turn around and look.' The questioning continued. ...
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...and usual to lose his balance. It was unusual and unexpected. The employer also cites the case of Errante v. Fisher Body Division, General Motors Corporation, Mo.App., 374 S.W.2d 521. There the Commission, as in the Closser case, found that no event had occurred which constituted an acciden......
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Bauer v. Independent Stave Co., 8674
...must be accidental to be compensable. Ginter v. Freund BakingCompany, Mo.App., 388 S.W.2d 505, 507; Errante v. Fisher Body Div., General Motors Corp., Mo.App., 374 S.W.2d 521, 523(2); Tines v. Brown Shoe Company, Mo.App., 290 S.W.2d 200, 201--202(1--3); Keller v. Bechtel, McCone, Parsons Co......
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McClain v. Yellow Cab Co.
...and the fact a hernia appears is no proof, in and of itself, of an accident or unusual strain. Errante v. Fisher Body Div., General Motors Corp., Mo.App., 374 S.W.2d 521, 523(2). 'Any theory of abnormal strain involves a consideration of the degree of physical exertion. And the very use of ......
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Ginter v. Freund Baking Co., 31971
...itself is not an accident. Cf. Errante vs. Fisher Body Division, General Motors Corp., S.L.C.A. No. 31,503, (not yet reported) [Mo.App., 374 S.W.2d 521]. 'Employee's counsel would have us put great emphasis on claimant's testimony that he 'twisted' to pick up a box. Without belaboring the p......