Ollanik v. Lynn Meat Co.

• Decision Date: 05 May 1936
• Docket Number: No. 23841.,23841.
• Citation: 93 S.W.2d 1073
• Parties: OLLANIK v. LYNN MEAT CO., Inc., et al.
• Court: Missouri Court of Appeals

93 S.W.2d 1073

OLLANIK v. LYNN MEAT CO., Inc., et al.

No. 23841.

St. Louis Court of Appeals. Missouri.

May 5, 1936.

Appeal from St. Louis Circuit Court; J. W. McAfee, Judge.

"Not to be published in State Reports."

Proceeding under the Workmen's Compensation Act by Rose Ollanik for the death of Max Ollanik, claimant, opposed by the Lynn Meat Company, Inc., employer, and the American Mutual Liability Insurance Company, insurer. From a judgment affirming an order of the Workmen's Compensation Commission granting an award of compensation, the insurer appeals.

Affirmed.

William R. Schneider, of St. Louis, for appellant.

Alexander M. Goodman, of St. Louis, for respondent.

BECKER, Judge.

This is an appeal from the judgment of the circuit court of the city of St. Louis, Mo., affirming the final award of the Missouri Workmen's Compensation Commission in favor of respondent Rose Ollanik, dependent of Max Ollanik, deceased, and against the employer, Lynn Meat Company, Inc., and the insurer, American Mutual Liability Insurance Company. The insurer alone brings this appeal.

The defendant, Rose Ollanik, respondent here, filed her claim before the commission, alleging that she is the widow and the dependent of Max Ollanik, deceased, who died on March 4, 1934, as the result of an accident arising out of and in the course of his employment with the Lynn Meat Company, Inc.

The separate answer filed by the employer before the commission in effect admits the allegations set up in the claim and states that it carried a standard workmen's compensation employers' liability insurance policy with the American Mutual Liability Insurance Company, appellant here, and that said policy covered the work being done by Max Ollanik at the time of his death.

The insurer, appellant here, filed its separate answer before the commission in which it alleged that its policy of insurance issued to the Lynn Meat Company, employer, did not cover the work that the deceased was engaged in at the time of his death, and denied that the death of Ollanik was the result of an accident arising out of and in the course of his employment.

The appellant states that the only point raised by it on this appeal is that "the insurance policy did not cover the activity engaged in by the employer on Sunday, March 4, 1934, and in which Max Ollanik, the dependent's deceased, was killed."

The policy of insurance in question provides that it "shall apply to such injuries sustained by any person or persons employed by this employer whose entire remuneration shall be included in the total actual remuneration for which provision is hereinafter made, upon which remuneration the premium for this policy is to be computed and adjusted, * * * and shall apply to such injuries so sustained by reason of the business operations described in said declarations which, for the purposes of this insurance, shall include all operations necessary, incident, or appurtenant thereto, or connected therewith, whether such operations are conducted at the work places defined and described in said declarations or elsewhere, in connection with, or in relation to, such work places."

The policy, in the paragraph prescribing the basis of premium, among other things, provides that "if any operations as above described are undertaken by this employer but are not described or rated in said declarations, this employer agrees to pay the premium thereon, at the time of the final adjustment of the premium in accordance with condition C hereof, at the rates, and in compliance with the rules, of the manual of rates in use by the company upon the date of the issue of this policy." Condition C referred to merely prescribes that the company shall be permitted to inspect the plant and examine the books at any time during the policy period and within one year after its final expiration so far as they relate to the remuneration of an employee while this policy was in force.

Item 3 of the "declarations" reads as follows:

"Item 3. Locations of all factories, shops, yards, buildings, premises, or other work places of this Employer, by Town or City, with Street and Number 800-804 No. 6th St., St. Louis, Missouri.

"All business operations, including the operative management and superintendence thereof, conducted at or from the locations and premises defined above as declared in each instance by a disclosure of estimated remuneration of employees under such of the following divisions as are undertaken by this Employer. 1. All industrial operations upon the premises. 2. All office forces. 3. All repairs or alterations to premises. 4. Specially rated operations on the premises. 5. Operations not on the premises.

"Classification of Operations. (Note: If more than one classification indicate each by the letters (b), (c), (d), etc.)

                                                Estimated             Rate
                                                  Total              per $100
                                                  Annual         of Remuneration.    Estimated
                                               Remuneration.                          Premium
                1 (a) Meat, Fish or Poultry
                      Stores — retail
                      (N.P.D.) #8037                $40,000           $1.981           $792.40
                  (x) President, any
                      Vice-President
                      Secretary or Treasurer
                      of corporate
                      Employer who performs
                      duties of
                      Superintendent
                      Foreman or Workman
                2 (a) Clerical Office Employees
                      8810                            1,000             .076               .76
                  (b) Draughtsmen (engaged
                      exclusively
                      in the profession)
                      — office duties only
                      8810
                3. New construction work
                   by employees of this
                   Employer only, for
                   which appropriate
                   classification must be
                   entered above with estimated
                   remuneration,
                   rate and premium extension
                   in each. Not
                   available for contractors.
                   Repairs and                        Payroll audit to be
                   maintenance of this                made at — above in

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