Maxwell v. Hart

• Decision Date: 11 March 1935
• Docket Number: Civil 3528
• Citation: 45 Ariz. 198,41 P.2d 1089
• Parties: H. W. MAXWELL, Petitioner, v. W. L. HART, Defendant Employer, and THE INDUSTRIAL COMMISSION OF ARIZONA, Defendant Insurance Carrier, Respondents
• Court: Arizona Supreme Court

41 P.2d 1089

45 Ariz. 198

H. W. MAXWELL, Petitioner, v. W. L. HART, Defendant Employer, and THE INDUSTRIAL COMMISSION OF ARIZONA, Defendant Insurance Carrier, Respondents

Civil No. 3528

Supreme Court of Arizona

March 11, 1935

APPEAL by Certiorari from an award of the Industrial Commission of Arizona. Award vacated.

Mr William C. Fields, for Petitioner.

Mr. Don C. Babbitt (Mr. Emil Wachtel on the Brief), for Respondent Industrial Commission.

OPINION

ROSS J.

This is a proceeding by certiorari to review the action of the Industrial Commission in refusing compensation to petitioner for injuries he claims to have sustained as a pumpman and blacksmith while in the employ of W. L. Hart in the latter's mining operations in the Harquahala mine near Salome, Arizona.

The sole ground set out in the petition for review of the proceedings of the commission is that the decision is contrary to, and is not supported by, the evidence. It is undisputed that on March 1, 1934, the petitioner, while in the performance of the work assigned to him and because the rungs of a ladder on which he was standing broke, fell and slipped some eight feet upon or against a pump that he was repairing, and in the fall was injured in his right groin and his back wrenched. He was examined on the 5th day of March by Dr. H. D. Ketcherside, of Phoenix, who reported that he was suffering from a right inguinal hernia which needed to be operated upon.

The Industrial Commission's regular physician, Dr. R. F Palmer, after examining petitioner on March 26, 1934, made the following report on March 27th:

"Mr. Maxwell states that he has had no previous severe illnesses and no previous accidents except for stepping on a nail a few years ago; he has had no previous discomfort or swelling in either groin; he has always worked hard and has had no backaches.

"Examination at this time shows a well-developed. muscular man of fifty-one years of age. General examination is essentially negative. He has localized tenderness over the third lumbar vertebra -- with some limitation of motion, especially on flexion of the spine.

"The right inguinal region presents a definite hernia protruding at the external ring; the ring when the hernia is reduced is slightly enlarged, tense and apparently tender. The external ring on the left side is not enlarged, nor does it present an impulse on coughing.

"If the history as given by the patient is entirely correct it would indicate that the hernia present occurred at the time and in the manner described. Surgically, an operation for radical cure is indicated."

X-ray pictures showed that the fourth and fifth lumbar vertebrae were affected by rather extensive old arthritis and some hypertrophic changes throughout the entire lumbar area, but that these conditions were not as recent as March 1st.

Petitioner immediately on coming out of the mine, made known to the foreman and others of the miners his accident and injury, and complained of pain in his back and burning pain in his right...