Stacey Bros. Gas Const. Co. v. Massey

• Decision Date: 30 March 1931
• Docket Number: No. 14267.,14267.
• Citation: 175 N.E. 368,92 Ind.App. 348
• Parties: STACEY BROS. GAS CONST. CO. v. MASSEY.
• Court: Indiana Appellate Court

92 Ind.App. 348

175 N.E. 368

STACEY BROS. GAS CONST. CO.

v.MASSEY.

No. 14267.

Appellate Court of Indiana, in Banc.

March 30, 1931.

Appeal from Industrial Board.

Proceedings under the Workmen's Compensation Act by Oral Massey, opposed by the Stacey Bros. Gas Construction Company. The Industrial Board awarded compensation, and the employer appeals.

Affirmed.

James L. Murray, of Indianapolis, for appellant.

George S. Elliott, of Indianapolis, for appellee.

CURTIS, J.

The full Industrial Board, on the 7th day of November, 1930, made an award to appellee, Oral Massey, against appellant, Stacey Bros. Gas Construction Company, under the provisions of the Indiana Workmen's Compensation Act (Burns' Ann. St. Supp. 1929, §§ 9446-9521), for injuries alleged to have been received by appellee while in the employ of the appellant and as a result of an accident arising out of and in the course of his employment. The facts are undisputed, and briefly are as follows: On June 3, 1930, appellee was in the employ of appellant at an average weekly wage of $30, and on that date he received a personal injury by reason of his feet becoming blistered with what was described as second degree burns of half the size of hen's eggs while he was engaged in placing hot rivets for appellant in a metal floor upon which he stood which was also exposed to the hot rays of the sun. By reason of these injuries, there was a total disability for a period of time commencing June 3, 1930. The full board found the facts substantially as above set out, and in addition thereto found that the injury was caused by reason of an accident arising out of and in the course of appellee's employment by the appellant. From the award made, appellant appeals to this court, and in its assignment of error says: “There is manifest error in the finding of facts and the award of the Industrial Board of Indiana in this cause, in this namely. (1) The award of the full Industrial Board of Indiana is contrary to law.” Appellant defended below upon the ground that “the appellee's disability was not a personal injury by accident.”

The only question presented is whether or not the injury complained of by appellee and for which award was made was caused “by accident arising out of and in the course of the employment” of appellee by the appellant, within the meaning of the Workmen's Compensation Act (Burns' Ann. St. Supp. 1929, § 9447). If it was such an accident, then the award should be affirmed; otherwise reversed.

[1] The words “by accident arising out of and in the course of the employment,” as used in the Workmen's Compensation Act, should be liberally construed in harmony with the humane purposes of the act. Haskell,...