Lekomitros v. R. C. Can Co., 21831.
| Decision Date | 08 March 1932 |
| Docket Number | No. 21831.,21831. |
| Citation | 46 S.W.2d 963 |
| Parties | LEKOMITROS v. R. C. CAN CO. et al. |
| Court | Missouri Court of Appeals |
Appeal from St. Louis Circuit Court; M. Hartmann, Judge.
Proceedings under the Workmen's Compensation Act by John Lekomitros, employee, opposed by R. C. Can Company, employer, and the Southern Surety Company, insurer. From a judgment of the circuit court reversing and remanding with directions the judgment of the Workmen's Compensation Commission denying compensation to the employee, the employer and insurer appeal.
Reversed and remanded with directions.
Durham & Sparling, John J. McNulty, and David Lynn, all of St. Louis, for appellants.
W. J. Blesse and William Kohn, both of St. Louis, for respondent.
This is an appeal from a judgment of the circuit court of the city of St. Louis, reversing the finding and judgment of the Workmen's Compensation Commission. The Workmen's Compensation Commission denied compensation to plaintiff, and the circuit court reversed this judgment, and remanded the cause to the commission, with directions to enter a judgment for plaintiff. Plaintiff was an employee of the R. C. Can Company. Southern Surety Company was the insurance carrier for the employer.
The claim filed by the plaintiff alleged that on March 10, 1930, at the place of business of his employer, while taking a case of can bottoms off of a pile, the weight of the case caused him to strike his right elbow against another box, injuring his right arm, for which he claims compensation based on a weekly wage of $19.80.
The employer and insurer filed their answer to the claim, denying any injuries to plaintiff, and charging that if he was suffering any physical disability, such condition had no connection with any injuries he is alleged to have received while in the employ of R. C. Can Company, and alleging also that the ailment of plaintiff, if any, did not arise out of or in the course of his employment.
There was a hearing before the referee, and the referee sustained plaintiff's claim.
The case was then tried before the commission, and the claim disallowed, the commission finding that plaintiff's condition was not due to any injury.
Plaintiff testified that he was a laborer for the R. C. Can Company, and that on or about March 10, 1930, while in the course of his employment, he was attempting to remove a box of can bottoms from a pile, and struck his right elbow on the side of another pile of boxes. He was alone at the time, and he rubbed his elbow until it got a little better. He could not close his fingers, and his hand and arm were numb. Around 8 o'clock that night his arm got sore. The next day he went to his employer's place of business with his arm inside his coat. He informed his foreman of the situation, and he was sent to a Dr. Coffee. He there informed the doctor as to how and when he had hurt himself. He testified that he visited Dr. Coffee several times, who bandaged his arm and put an electric light over it. When he did not improve, he asked for another doctor, and they sent for Dr. Bennett, who also treated him.
The foreman for the can company testified that the plaintiff came to work and said he hurt his elbow the day before, and had his arm under his coat. He gave him an order for a doctor on the same day.
Dr. Coffee testified that he received the plaintiff as a patient from the can company; that the claimant said...
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