Stiger v. Indus. Comm'n

• Decision Date: 03 March 1936
• Citation: 220 Wis. 653,265 N.W. 678
• Parties: STIGER ET AL. v. INDUSTRIAL COMMISSION ET AL.
• Court: Wisconsin Supreme Court

220 Wis. 653

265 N.W. 678

STIGER ET AL.

v.INDUSTRIAL COMMISSION ET AL.

Supreme Court of Wisconsin.

March 3, 1936.

Appeal from a judgment of the Circuit Court for Dane County; A. G. Zimmerman, Judge.

Affirmed.

This action was commenced on August 18, 1934, by the plaintiffs, C. W. Stiger and Eagle Indemnity Company, to review an award of the Industrial Commission to Bertha Edith Adams, widow of Edward Adams, deceased. The circuit court confirmed the award. From a judgment confirming the award of the Industrial Commission, entered June 13, 1935, the plaintiffs appealed. The facts will be stated in the opinion.Randall, Cavanagh, Stephenson & Mittelstaed, of Kenosha, for appellants.

James E. Finnegan, Atty. Gen., and Mortimer Levitan, Asst. Atty. Gen., for respondent Industrial Commission.

Thorson & Seymour, of Elkhorn, for respondent Adams.

NELSON, Justice.

On September 11, 1935, Edward Adams was employed by the plaintiff Stiger as superintendent of the latter's estate located in this state. Both were subject to the Workmen's Compensation Act (St.1933, § 102.01 et seq.). At about 6:30 o'clock in the morning of that day, while Adams was engaged in picking flowers for his employer, he stepped upon a wooden cover of a concrete manhole. The cover broke, and his left leg was precipitated into the manhole, which was about three feet deep. As a result of his leg's coming in contact with the side or edge of the manhole it was bruised on its inner side. The bruises extended beyond the leg to the abdomen on the left side. He had some difficulty in getting back to the house after the accident, and thereafter performed no work at any time before the operation which preceded his death. He complained of nausea and pain in the left lower side of his abdomen. That same evening a pronounced swelling in the left inguinal region was discovered, which was very tender. Two days later he consulted Dr. Richardson, his family physician. The doctor observed the bruises and a protrusion or swelling in the left inguinal region about the size of a hen's egg. Dr. Richardson diagnosed the injury as a traumatic hernia and advised rest until the swelling and tenderness disappeared. Adams promptly reported the accident to his employer, who in turn reported the accident to the plaintiff, Eagle Indemnity Company, his insurer. On October 28, at the request of the Eagle Indemnity Company, Adams went to Milwaukee for an examination and an operation if deemed advisable. He was examined by Dr. B. H. Oberembt, who concluded that Adams had a hernia, and who advised an immediate operation. Adams was hospitalized that afternoon and operated upon by Dr. Oberembt the following morning. The usual hernia operation was performed. Twelve hours later Adams' abdomen became distended and within a day or two toxic, resulting in his death on November 3, 1933. The immediate cause of death was paralytic ileus, i. e., paralysis of the small intestines. According to the medical testimony, there are a number of causes of paralytic ileus, the most common one being peritonitis. Sometimes it results from idiopathic causes. It may be caused by a marked handling of the bowel. Dr. Oberembt testified, basing his opinion on what he found at the time of the operation, that the hernia condition was of long standing. He testified that he found certain heavy fibroid adhesions which, in his opinion, could not be formed between September 11 and October 29. Prior to the accident on September 11, Mr. Adams had never complained to any one to whom he likely would have complained, that he was suffering from a hernia. The commission found the facts substantially as stated and concluded as follows: “The disabling pain, the nausea and the fact that he was wholly incapacitated are symptoms which are usually present in traumatic hernia cases and all these symptoms were present in the instant case. The respondent contends that the hernia was one that existed prior to the injury. Even if this were true, the examiner's record discloses the respondent's doctor testified that the injury had aggravated the condition to such an extent that an operation was immediately necessary. The injury the deceased received, regardless of whether it caused traumatic hernia or aggravated a preexisting one, was a compensable injury and the resultant death was...