Sinkiewicz v. Lee, 6
| Decision Date | 01 June 1931 |
| Docket Number | Jan. Term.,No. 6,6 |
| Citation | 236 N.W. 784,254 Mich. 218 |
| Parties | SINKIEWICZ v. LEE & CADY et al. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Certiorari to Department of Labor and Industry.
Proceedings under the Workmen's Compensation Act by Veronica Sinkiewicz, in behalf of herself and minor children for compensation for the death of her husband, Tony Sinkiewicz, opposed by Lee & Cady, employers, and the Hartford Accident & Indemnity Company, insurers. To review an order of the Industrial Commission awarding compensation, the employer and insurer bring certiorari.
Award vacated.
Argued before the Entire Bench.Harold S. Knight, of Detroit (Kerr, Lacey & Scroggie, of Detroit, of counsel), for appellants.
H. H. Cary, of Detroit, for appellee.
In behalf of herself and minor children, the plaintiff presented a claim for compensation against Lee & Cady for injuries resulting in the death of her husband, Tony Sinkiewicz, while in their employ. To review an order awarding compensation, the defendants have brought certiorari.
Briefly stated, the facts show that on January 11, 1930, Tony Sinkiewicz was working for Lee & Cady as a laborer. His duties required him to pick up sacks and cases of sugar from the floor and place them on a truck. The sacks weighed 100 pounds and the cases 60. He was working alone when he received his injuries. His foreman found him lying on his hands and knees on a pile of sugar suffering great pain in the region of his abdomen. He said he had hurt himself lifting a bag of sugar. He was removed to the hospital and operated on. The doctor testified that he found a ruptured bowel about one-half inch long with considerable fecal matter through the peritoneal cavity. It was his opinion that the condition he found could be caused by trauma. There was no evidence of other causes.
The defendants admit that decedent was injured while in the employ of Lee & Cady and that his injuries resulted in his death, but they deny that the injury was accidental within the meaning of the Workmen's Compensation Act (Comp. Laws 1929, § 8407 et seq.).
In its opinion upon which the award was based, the commission pointed out no direct evidence as to how the decedent received his injury. Its conclusion that it was due to an accident is by inference from circumstances shown in the following statement which we quote from the opinion: ...
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