Keating v. Industrial Com'n
| Decision Date | 16 October 1939 |
| Docket Number | 14645. |
| Citation | 105 Colo. 155,95 P.2d 821 |
| Parties | KEATING v. INDUSTRIAL COMMISSION et al. |
| Court | Colorado Supreme Court |
Rehearing Denied Nov. 13, 1939.
In Department.
Error to District Court, El Paso County; John M. Meikle, Judge.
Action by James F. Keating, Jr., employee, against the Industrial Commission and the Golden Cycle Corporation, employer, to review the Commission's findings and award denying plaintiff compensation under the Workmen's Compensation Act for an injury sustained. Judgment affirming the Commission's findings, and plaintiff brings error.
Reversed and remanded.
Foard Brothers, of Colorado Springs, for plaintiff in error.
Byron G. Rogers, Atty. Gen., and Frank A. Bruno, Asst. Atty. Gen for defendant in error Industrial Commission.
Thomas Burgess, of Colorado Springs, for defendant in error Golden Cycle Corporation.
A proceeding Before the Industrial Commission. The referee found that 'the condition of claimant's knee of which he complains is not the result of an accidental injury arising out of and in the course of his employment within the meaning of the Workmen's Compensation Act.' ' 35 C.S.A. c. 97, § 280 et seq. The commission found as had the referee, and on petition for review it confirmed its previous finding and award. In an action brought by claimant in the district court the findings of the commission were affirmed.
It appears that for some eight years prior to the happening upon which he bases his claim, claimant had been employed by the Golden Cycle Corporation, one of the defendant in error, as an electric welder; that about February 25, 1938, while so employed, and when the supply of welding rods in hand had been exhausted, claimant arose from his knees, his accustomed working position, and reached under the welding machine where the rods were kept for additional ones; that as he did so one of his knees 'buckled' under him; that some fifteen or twenty minutes were required to restore his leg to its normal position, but upon such restoration, although his knee was stiff for four or five days thereafter, he continued with his work and lost no time on account thereof; that subsequent to the happening related, and while in the course of his employment, his knee would occasionally 'pop out of place,' and continued to do so until January 26, 1939 when his condition became so serious that he was unable to do further work; that about January 15, 1939, claimant having suffered a 'throwing out' of his knee, went to the corporation's physician and received treatment; that soon after January 26, 1939, a date already mentioned, claimant notified defendant corporation and demanded compensation which was...
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...the word "accident" in the Act to preclude employee recovery under the Act for intentional wrongs. In Keating v. Industrial Commission, 105 Colo. 155, 95 P.2d 821 (1939), "In Workmen's Compensation Acts, ... injuries are designated 'accidents,' to distinguish them from intentional injuries ......
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