Schlange v. Briggs Mfg. Co.

• Decision Date: 09 January 1950
• Docket Number: No. 4,4
• Citation: 40 N.W.2d 454,326 Mich. 552
• Parties: SCHLANGE v. BRIGGS MFG. CO. et al.
• Court: Michigan Supreme Court

Page 454

40 N.W.2d 454

326 Mich. 552

SCHLANGE v. BRIGGS MFG. CO. et al.

No. 4.

Supreme Court of Michigan.

Jan. 9, 1950.

Marcus, Kelman & Loria and Alan N. Brown, Detroit, attorneys for plaintiff and appellant.

Lacey, Scroggie, Lacey & Buchanan, Detroit, attorneys for defendants and appellees.

Before the Entire Bench except BUTZEL, J.

BUSHNELL, Justice.

Plaintiff Max Schlange has appealed from an order of the workmen's compensation commission denying his claim for compensation. He was employed by defendant Briggs Manufacturing Company as a toolmaker. Prior to the time of his injury his work usually consisted of machining round stock about 6 feet long and one inch in diameter, held in his machine by a round collect, or chuck. The collet was split into three sections and worked inside a cylinder which was controlled by means of a hand lever above Schlange's head. By pressing on the lever the cylinder was pushed forward, forcing the collect to press against the stock. Ordinarily this cylinder would maintain its forward position by catch ridges and no more pressure would need to be exerted on the lever once the cylinder was in position.

On the day in question, Schlange was machining hexagonal stock which should have been held in place by a hexagonal collet. Since no hexagonal collet was available, he had to use a round collet. Because of this, pressure was exerted only on the edges of the hexagonal stock, and Schlange was required to exert an unusual effort on the lever to hold this stock in place. While thus operating his machine the hexagonal stock slipped inside the round collet. The collet slackened, the cylinder released, and moved the lever. Plaintiff testified: 'The hex moved, and I jerked myself against the machine.' About the same time Schlange felt a pain in his chest and, about 10 minutes later, numbness in his hand and leg. He left work immediately, went to the nearby parking lot, and drove his car downtown to his own doctor's office, while still experiencing pain. The doctor testified that he found Schlange suffering from a coronary thrombosis. Up to the time of hearing he had not been able to return to work.

The department, on review of a denial of his claim by the deputy, found that 'plaintiff's 'jerk' was accidental but it did not cause his disability. The unusual and strenuous exertion did cause his disability but did not constitute an accidental injury.'

The controlling question is whether Schlange suffered a compensable accidental injury.

The factual aspects of this case are distinguishable from those of Hagopian v. City of Highland Park, 313 Mich. 608, 22 N.W.2d 116. Here, there is a fortuitous circumstance which consisted of Schlange performing his usual work in an unusual manner and with the exertion of unusual force. Thus the case falls within our holdings in LaVeck v. Parke, Davis & Co., 190 Mich. 604, 157 N.W. 72, L.R.A.1916D, 1277; ...