Lucedale Veneer Co. v. Rogers, 37591

• Decision Date: 23 October 1950
• Docket Number: No. 37591,37591
• Citation: 48 So.2d 148,211 Miss. 613
• Parties: LUCEDALE VENEER CO. v. ROGERS.
• Court: Mississippi Supreme Court

Page 148

48 So.2d 148

211 Miss. 613

LUCEDALE VENEER CO. v. ROGERS.

No. 37591.

Supreme Court of Mississippi, Division A.

Oct. 23, 1950.

Heidelberg & Roberts, Hattiesburg, for appellant.

T. H. Hillman, Wm. S. Murphy, Lucedale, for appellee.

LEE, Justice.

Rogers filed his claim with the Workmen's Compensation Commission against Lucedale Veneer Company and its insurer for compensation benefits on account of an alleged hernia. The matter was heard by a Commissioner, and the claim was disallowed. Upon a review by the full Commission, the order of the hearing officer was affirmed. Thereupon, Rogers appealed to the Circuit Court of George County, where the order of the Commission was reversed and the benefits were awarded. The Veneer Company and its insurer appeal here.

The benefits were claimed under paragraph (f), Section 8, Chapter 354, Laws 1948, which is as follows:

'In all cases of claims for hernia it shall be shown to the satisfaction of the compensation commission:

'1. That the descent of the hernia immediately followed as the result of sudden effort, severe strain, or the application of force directly to the abdominal wall;

'2. That there was severe pain in the hernial region '3. That such prostration resulted so that the employee was compelled to cease work immediately;

'4. That the occurrence of the hernia was noticed by the claimant and communicated to the employer within forty-eight (48) hours.

'5. That the physical distress following the occurrence of the hernia was such as to require the attendance of a licensed physician or surgeon within forty-eight (48) hours after such occurrence.'

The Commission, in denying such benefits, by its order held. (A) That the proof failed to show satisfactorily that the condition required by Items (1), (2), (3) and (5), supra, were met. (B) As to Item (4), supra, that Rogers failed to return to work the next day, because he did not have transportation; but that, on the following day, he did report for work, and on being advised by the foreman that his job had already been filled, he then told the foreman that he could not work, and wanted to go to a doctor for treatment. And (C) the evidence failed to show that Rogers lifted any heavy object, suffered any unusual strain, fell, or otherwise did anything to cause a hernia.

While the appellants make several assignments of error, these, in fact, all deal with the proposition that the court should have affirmed the finding of the Commission that, under the law and the evidence, the proof was insufficient to establish a compensable injury.

Thus it is necessary to recapitulate the facts and consider their sufficiency under the applicable law. Such facts were established as follows: Rogers had worked for appellant eight months and had never had a hernia. About 9:30 in the morning of May 2, 1949, he was taking several slabs off of a conveyor belt, which was about waist high. These slabs each weighed eight or ten pounds, and probably more. He experienced a sensation like a bee sting in the region of his left groin; the second time, it was worse; it affected him in the afternoon when he went home, and he suffered severe pain that night. He did not return to the plant the next day, because his car was broken down and he was without transportation. On the following day, Wednesday, he reported to his foreman about 6 o'clock in the morning, and asked if there was another man in his place; and upon being advised that such was true, he stated that he was unable to work anyhow, and that he had returned to tell the foreman of his injury on the previous Monday. The foreman sent Rogers to a doctor, and this examination disclosed that he was suffering from a hernia. Rogers had worked the balance of the day on Monday without making any complaint.

From the above facts, it is clear that Rogers suffered a hernia while taking slabs off of the conveyor...