Hieronymus v. Stone's Food Stores, Inc., 6742

• Decision Date: 22 November 1939
• Docket Number: 6742
• Citation: 60 Idaho 727,96 P.2d 435
• Parties: MARTIN ERWIN HIERONYMUS, Respondent, v. STONE'S FOOD STORES, INC., Employer, and STATE INSURANCE FUND, Surety, Appellants
• Court: Idaho Supreme Court

96 P.2d 435

60 Idaho 727

MARTIN ERWIN HIERONYMUS, Respondent, v. STONE'S FOOD STORES, INC., Employer, and STATE INSURANCE FUND, Surety, Appellants

No. 6742

Supreme Court of Idaho

November 22, 1939

WORKMEN'S COMPENSATION-COMPENSABLE INJURY-HERNIA-INJURY-ACCIDENT.

A direct inguinal hernia, sustained by meat cutter while carrying a 170-pound veal from truck in about the same manner in which he was accustomed to moving meat, was compensable notwithstanding alleged lack of evidence of any slip, wrench or sudden jerk. (I. C. A., sec. 43-1116.)

PROCEEDING by Martin Erwin Hieronymus for compensation under the Workmen's Compensation Act. opposed by Stone's Food Stores, Inc., employer, and State Insurance Fund surety. From an order of the Industrial Accident Board awarding compensation the employer and surety appeal. Affirmed.

Affirmed.

Clarence L. Hillman, for Appellants.

Since the sole personal injury by accident for which respondent sought relief was a hernia, the burden of proof was upon him to prove:

(1) That he suffered a personal injury by accident, arising out of and in the course of his employment; (2) that he suffered a personal injury by accident resulting in a hernia. (Sess. Laws 1927, chap. 105, sec. 7, p. 142; I. C. A., secs. 43-1001, 43-1116, 43-1809; Hawkins v. Bonner County, 46 Idaho 739, 271 P. 327; Walker v. Hyde, 43 Idaho 625, 253 P. 1104; Croy v. McFarland-Brown Lumber Co., 51 Idaho 32, 1 P.2d 189.)

Martin Erwin Hieronymus, pro se., did not file a brief.

HOLDEN, J. Ailshie, C. J., and Budge, Givens and Morgan, JJ., concur.

OPINION

HOLDEN, J.

--Saturday, January 28, 1939, respondent, while lifting and carrying a 170-pound veal from a truck to hang on scales in the meat department of his employer, Stone's Food Stores, Inc., Lewiston, Idaho, felt a pain in the groin on his left side which "hurt pretty bad." The following Monday afternoon he reported to his employer that "I think I ruptured myself last Saturday." In the evening of that day he examined himself and discovered a bulging in the groin on his left side. Wednesday, February 1, 1939, Dr. W. H. Douglas examined the claimant and found him to be suffering from a direct inguinal hernia for which he operated the following Monday, February 13, 1939. Claimant then filed notice of injury and claim for compensation with the Industrial Accident Board. The matter was heard July 7, 1939. August 1, 1939, the board made and filed findings of fact and rulings of law, and on the same day entered an order awarding compensation to claimant for hospital, medical and surgical attention and compensation for eight weeks. The appeal is from the award.

Appellants contend while prior to the amendments of 1927 (Sess. Laws 1927, chap. 106, sec. 7, p. 142; now sec. 43-1116, I. C. A.), this court "had construed the words 'accident' and 'personal injury' as being synonymous terms," that under section 43-1116, supra (as amended), it is "required that in the case of hernia that the injury must be by accident and furthermore that the injury be by accident resulting in hernia," and that in the case at bar there was no accident in that claimant was accustomed to moving meat in about the same manner he was moving the veal on the morning of the alleged accident, and that there was no evidence of any slip, wrench or sudden jerk. There is no dispute in the evidence. It establishes these facts:

That claimant was a meat cutter; that in the discharge of his duties he was required to lift and move beef and veal; that beef came into the shop in quarters and veal came in whole that a quarter of beef would weigh on an average, 135 pounds; that veal would weigh from 100 to 220 pounds; that on the morning of January 28, 1939, a load of beef and veal came in; that while lifting a 170-pound veal on to scales in a back room he felt a sudden pain in the groin on his left side; that he examined himself Monday evening and found a bulging on that side consisting of a bump about the size of two thumbs put together; that he had never had a pain or bulging there before; that he had been doing that type of work for about six years, and that he was doing ...