Nagy v. Cont'l Die Casting Corp.
| Decision Date | 24 February 1938 |
| Docket Number | No. 11.,11. |
| Citation | 283 Mich. 162,277 N.W. 869 |
| Parties | NAGY v. CONTINENTAL DIE CASTING CORPORATION et al. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Department of Labor and Industry.
Proceeding under the Workmen's Compensation Act by Julius Nagy, employee, opposed by the Continental Die Casting Corporation, employer, and another. The Department of Labor and Industry made an award of compensation, and the employer and the other defendant took an appeal in the nature of certiorari.
Award vacated.
Argued before the Entire Bench.
Kerr, Lacey & Scroggie, of Detroit, for appellants.
Marcus & Marcus, of Detroit, for appellee.
Plaintiff was a common laborer in the employ of the Continental Die Casting Corporation, and claims that, on the 28th day of February, 1936, while engaged, with a fellow worker, in emptying an iron barrel of zinc scrap metal, he suffered a ‘right indirect inguinal hernia.’ A previous barrel of scrap had been emptied upon the floor and it was while emptying the second barrel upon the pile from the first that he claims he felt a sharp pain and the hernia followed. He kept at work thereafter until discharged in May, 1936, and at times was engaged in lifting boxes weighing about 60 pounds. The barrel was tipped over with the top resting upon the pile of scrap from the previous barrel and then the bottom tilted up to spill the contents. This had been a part of his work for some time but, he claims, that the barrel was heavier than usual.
No claim is made of slipping or of any unusual circumstances except the weight of this barrel.
The board, after criticizing our holdings, stated: ‘* * * the Commission of Labor and Industry is justified in grasping at a straw to make industry absorb, as a cost of production, its human wreckage or rather the rehabilitation and compensation of same, and in so-doing it is merely following a clearly defined public demand, based upon a re-awakened public conscience, as evidenced in the Unemployment Insurance Act [Pub.Acts 1936, Ex.Sess.No. 1] already enacted and the Occupational Disease Act [Comp.Laws 1929, § 8613 et seq.] and other social legislation under consideration by the legislature, including, incidentally, compensation for hernia even though unaccidental.’
Of course, we shall limit consideration, as the commission should have done, to applicable law.
The opinion of the commission is only helpful in vacating the award.
Our previous holdings on the issue here presented clearly...
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...Register Co., 272 Mich. 553, 262 N.W. 306; Waites v. Briggs Manufacturing Co., 280 Mich. 185, 273 N.W. 441; Nagy v. Continental Die Casting Corp., 283 Mich. 162, 277 N.W. 869. Arnold was also followed by allurements, as in Nichols and in Wieda v. American Box Board Co., 343 Mich. 182, 72 N.......
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...National Cash Register Co., 272 Mich. 553, 262 N.W. 306;Waites v. Briggs Mfg. Co., 280 Mich. 185, 273 N.W. 441;Nagy v. Continental Die Casting Corp., 283 Mich. 162, 277 N.W. 869.’After the occupational disease amendment was adopted by the addition of part 7 by Act No. 61, Pub.Acts 1937, and......
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...Cash Register Co., 272 Mich. 553, 262 N.W. 306; Waites v. Briggs Mfg. Co., 280 Mich. 185, 273 N.W. 441; Nagy v. Continental Die Casting Corp., 283 Mich. 162, 277 N.W. 869. The burden is upon plaintiff to show the happening of an accidental injury arising out of and in the course of his empl......