Skelly v. Indus. Comm'n
| Decision Date | 15 February 1949 |
| Citation | 36 N.W.2d 58,254 Wis. 315 |
| Parties | SKELLY v. INDUSTRIAL COMMISSION et al. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from a judgment of the Circuit Court for Dane County; Alvin C. Reis, Judge.
Reversed.
Action brought by Clara E. Skelly for the review of an order of the state Industrial Commission denying her application under Chapter 102, Stats., for the payment of workmen's compensation to her on account of an injury which she claims to have sustained while an employe of Oscar Mayer and Company. In proceedings pursuant to her application, findings of fact were made by an examiner, upon which the Commission ordered the dismissal of the application. Upon proceedings in the Circuit Court the Commission's findings and order were set aside. From the circuit court's judgment to that effect, the Commission and the employer appealed.Thomas E. Fairchild, Atty. Gen., Mortimer Levitan, Asst. Atty. Gen., and Hugh F. Oldenburg, of Madison, for appellant.
Hall & Griffith, of Madison, for respondent.
Clara E. Skelly, the applicant for compensation under the Workmen's Compensation Act, claims that on January 15, 1946, she sustained an injury while working as an employe of the Oscar Mayer and Company. In the proceedings pursuant to her application, evidence was taken by an examiner of the Industrial Commission, who found--
‘That although the applicant alleges she injured her back on January 15, 1946 while pushing a basket of canned meat * * * the record fails to establish injury; that the applicant did not sustain injury within the meaning of the workmen's compensation act; that the disabilities and complaints of the applicant were not caused by, aggravated by, nor related to, her employment with the respondent; that in view of the finding of no injury, the other issues herein are immaterial.’
Upon these findings the examiner ordered the dismissal of the application; and upon review the examiner's findings and order were affirmed by the Industrial Commission.
On the hearing before the examiner the applicant testified that on January 15, 1946, while bending over in doing her work of ‘pushing on the run’ with her hands and body a wire basket, which contained about 700 pounds of meat, and which rested on the rollers of an inclined runway, the basket stuck and ‘something unusual’ happened to her and she had a ‘backache’ and was ‘injured.’ She had been at work since six o'clock that morning and had pushed quite a few similar baskets before the occasion of her injury. Upon reporting the incident immediately to her superior, she was sent to the employer's first aid office and there she received a fifteen minute heat treatment. The applicant testified she had been in good health prior to January 15, 1946; but after that and before May third, she sensed the pain in her right hip and had a backache and still has a pain at a point which she indicated was about below the small of her waist on the right hand side, and about two inches posterior from a line dropped down the center of her right leg. She testified also that on January 15, ‘when I stated I suffered injury I felt something slipped in my right side,’ and she indicated the area behind and above her right hip and stated
In May, 1946, the attendant at the employer's first aid office sent the applicant to Dr. Robert E. Burns and he then and again in November, 1946, made an examination of the applicant and of X-rays taken of her at his directions. He was the only physician called as a witness and his testimony was to the following effect--
As a result of his examination of the applicant and the X-rays taken in May, 1946, his diagnosis of her condition was that she had a scoliosis with rotation, and lumbosacral arthritis, and a sacralization of her fifth lumbar vertebra. That is the condition in which there is...
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...31 N.W.2d 172. It was the claimant's burden to establish that the statutes or orders, or one of them, were violated. Skelly v. Industrial Comm., 254 Wis. 315, 36 N.W.2d 58. We do not consider that the commission was in error in concluding that he had failed to meet the burden. Two stairways......
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