Underwood v. National Motor Castings Division, Campbell, Wyant & Cannon Foundry Co.

Decision Date08 January 1951
Docket NumberNo. 8,8
Citation45 N.W.2d 286,329 Mich. 273
PartiesUNDERWOOD v. NATIONAL MOTOR CASTINGS DIVISION, CAMPBELL, WYANT CANNON FOUNDRY CO./ ET AL.
CourtMichigan Supreme Court

Marcus & McCroskey, Muskegon, for plaintiff and appellee.

L. J. Carey and Geo. J. Cooper, Detroit, for defendants and appellants.

Before the Entire Bench.

SHARPE, Justice.

Upon leave granted, defendants appeal from an award of the department of labor and industry in which it was determined that plaintiff is entitled to compensation at the rate of $21 per week from September 15, 1948, until the further order of the commission.

Plaintiff, 30 years of age, is a factory worker. She was first employed by defendant company in May, 1945, on a core carrying job for a few months and was then transferred to core cleaning which did not require any heavy lifting. Plaintiff kept this job until there was a work stoppage in the plant in 1948. In August, 1948, she was returned to her old job of core carrying. When plaintiff first did this work in 1945 she was required to lift and carry 40 pounds in weight. In 1948, the same job was more strenuous in that it required more stooping to put the cores in an oven. After working at this job for a few weeks, she developed a painful back condition resulting in her quitting work September 15, 1948. Previously, plaintiff had back aches prior to her menstrual periods, but these back aches did not prevent her from working.

For three or four years prior to September 1948, plaintiff was treated by Dr. Keithly for back aches. On November 17, 1948, she was examined by Dr. Stryker who stated on the hearing that he made a diagnosis of lumbosacral strain with some evidence of herniated disc at the fifth lumbosacral joint space at the right.

In plaintiff's application for hearing and adjustment of claim, we find the following: 'That this claim relates to a personal injury which occurred on or about September 15, 1948, or To a disablement from occupational disease which occurred on or about September 15, 1948.' It is noted that the commission did not expressly state whether the award was made under part 2 of the Workmen's Compensation Act 1 or part 7 of the act 2, but from a reading of its opinion it conclusively appears that the award was made under the occupational disease amendment part 7, § 1. Under this part of the act 'The term 'personal injury' shall include a * * * disability which is due to causes and conditions which are characteristic of and peculiar to the business of the employer and which arises out of and in the course of the employment.'

In an opinion the commission stated as follows:

'The plaintiff had had some previous difficulty with her back but the previous difficulty had been entirely different in nature and character and had never been disabling. Her previous difficulty had generally occurred prior to her menstrual periods. * * *

'We do not believe there is any room to doubt the clear relationship between the plaintiff's back disability and the heavy and strenuous nature of her employment. We, therefore, believe it to be a compensable condition. Her work presented a substantial hazard of back injury which was far in excess of that attending employment in general. The heavy and strenuous nature of her employment constituted causes and conditions which were characteristic of and peculiar to the defendant's business. She is entitled to compensation at the rate of $21.00 per week from September 15, 1948, and until the further order of the Commission.'

Defendants appeal and urge that plaintiff did not receive a personal injury within the meaning of the workmen's compensation law in that plaintiff was not subjected to any greater hazard of injury be her work than would be found in employment in general; and that there is only a possibility that the lifting she did while employed is the cause of her present condition.

The term 'peculiar to the occupation' is defined in Glodenis v. American Brass Co., 118 Conn. 29, 170 A. 146, 150, and quoted in Mr. Justice Reid's opinion in Samels v. Goodyear Tire & Rubber Co., 317 Mich. 149, 26 N.W.2d 742, 745, as follows: 'The phrase, 'peculiar to the occupation,' is not here used in the sense that the...

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31 cases
  • Mack v. Reo Motors, Inc.
    • United States
    • Michigan Supreme Court
    • April 2, 1956
    ...327 Mich. 586, 42 N.W.2d 749; Pilgrim v. Menthen, 327 Mich. 714, 42 N.W.2d 793; Underwood v. National Motor Castings Division, Campbell, Wyant & Cannon Foundry Co., 329 Mich. 273, 45 N.W.2d 286; Brandner v. Myers Funeral Home, 330 Mich. 392, 47 N.W.2d 658; Weaver v. General Motors Corporati......
  • Booker v. Duke Medical Center
    • United States
    • North Carolina Supreme Court
    • July 12, 1979
    ...1966); State ex rel. Ohio Bell Telephone Co. v. Krise, 42 Ohio St.2d 247, 327 N.E.2d 756 (1975); Underwood v. National Motor Castings Division, 329 Mich. 273, 45 N.W.2d 286 (1951). In the light of these principles we turn now to an examination of the evidence presented to the Industrial Com......
  • Coombe v. Penegor
    • United States
    • Michigan Supreme Court
    • June 10, 1957
    ...occupations' (Samels v. Goodyear Tire & Rubber Co., 317 Mich. 149, 156, 26 N.W.2d 742, 745; Underwood v. National Motor Castings Division, C., W. & C. Foundry Co., 329 Mich. 273, 276, 45 N.W.2d 286; Gibbs v. Motor Wheel Corp., 33 Mich. 617, 53 N.W.2d 573; Kepsel v. McCready & Sons, 345 Mich......
  • Bowman v. Twin Falls Const. Co., Inc.
    • United States
    • Idaho Supreme Court
    • June 21, 1978
    ...which distinguishes it in character from the general run of occupations." (Italics in original.) Underwood v. National Motor Castings Division, etc., 329 Mich. 273, 276, 45 N.W.2d 286-87 (1951). The order of the Commission finding Bowman totally and permanently disabled is affirmed, and the......
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