Krenz v. Ferguson Coal Company

• Decision Date: 24 November 1926
• Docket Number: 12,748
• Citation: 154 N.E. 35,85 Ind.App. 347
• Parties: KRENZ v. FERGUSON COAL COMPANY
• Court: Indiana Appellate Court

154 N.E. 35

85 Ind.App. 347

KRENZ v. FERGUSON COAL COMPANY

No. 12,748

Court of Appeals of Indiana

November 24, 1926

From Industrial Board of Indiana.

Application under the Workmen's Compensation Act by Jacob Krenz employee, opposed by the Ferguson Coal Company, employer. From an order denying compensation, the claimant appeals.

Reversed.

John A Riddle, for appellant.

Will H Hays, Hinkle C. Hays, Alonzo C. Owens, W. Paul Stratton, John S. Taylor, William H. Bridwell and George W. Buff, for appellee.

OPINION

NICHOLS, J.

This is an appeal from the award of the Industrial Board, in a proceeding brought by appellant for compensation under the Workmen's Compensation law for an injury which appellant claims to have received while in the employ of appellee on December 21, 1925, which resulted in strangulated hernia. The evidence was first heard by one member of the Industrial Board who, after hearing the same, found that appellant was employed by appellee at an average weekly wage in excess of $ 24, and that, on or about said date, appellant became disabled; that said disability was due to a strangulation of a pre-existing hernia; that said hernia was not the result of an accident sustained on said date while appellant was in the employ of appellee, and an order was entered that appellant take nothing. On May 19, 1926, on the application of appellant, the full Industrial Board reviewed the cause and entered a finding similar to the one made by the one member except that said full board found that said hernia and strangulation were not the result of any accident sustained on December 21, 1925, while in the employ of appellee, and made an award that appellant take nothing. Appellant testified, in substance, that on December 21, 1925, while loading coal, he had a pretty good sized chunk and turned to his left side to throw it into the car and that it pinched him in the side and he had to sit down. Pains in the region of the groin struck him and he had to take a little rest. After five minutes he commenced work again and couldn't do anything more and went home. His wife came after him in the car and took him home, where he fell on the floor and stayed until the doctor came. The doctor told him that he would have to be operated on right away and he was that same evening for rupture. He testified he didn't know he had a rupture before, but he was wearing a cross belt around the abdomen which we assume was a truss. Dr. Zinc, the physician who was called to treat appellant, testified that he found appellant suffering with pain in his right side and lying on the floor; that he got...