Waites v. Briggs Mfg. Co.
Decision Date | 21 May 1937 |
Docket Number | No. 104.,104. |
Citation | 280 Mich. 185,273 N.W. 441 |
Parties | WAITES v. BRIGGS MFG. CO. et al. |
Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Appeal (in Nature of Certiorari) from Department of Labor and Industry.
Proceeding under the Workmen's Compensation Law by Ellen Waites, claimant, opposed by the Briggs Manufacturing Company, employer, and the AEtna Casualty & Surety Company, insurance carrier. From an award of compensation, the employer and insurance carrier appeal.
Award vacated.
Argued before the Entire Bench.
Kerr, Lacey & Scroggie, of Detroit, for appellants.
S. Gerard Conklin, of Detroit, for appellee.
This is an appeal by defendants from an award of compensation made to plaintiff. The facts in so far as they pertain to the happening of the claimed accident are not in dispute.
On January 2, 1936, plaintiff was employed as a bench worker in the sewing room in the Meldrum plant of the defendant Briggs Manufacturing Company. Her work consisted of tying threads on inside automobile door panels while seated at a table. These inside door panels were made of cardboard with cloth sewed on them, and each panel weighed from three and a half to four pounds. It was the duty of anotehr employee to lift the panels from a conveyor and give them to the women tying threads. Occasionally, when the fellow employee was absent and the women were in need of more panels, they would get up from their chairs, pick up several panels from the conveyor, and return to their places. At about 11 a. m., on the morning of January 2, 1936, plaintiff was in need of more panels. She picked up six panels from the stock on the floor, walked to her chair, a distance of from eight to ten feet, and as she lifted them to the table she felt a pain in her back, with resulting injuries.
Plaintiff claims that she had frequently picked up four panels, but this was the first time she had ever picked up six panels, and that the injury she sustained was the result of an unusual and unexpected happening not to be looked for in the usual and ordinary method of performing her duties as a bench worker.
We have held that a workman did not sustain an accidental injury within the meaning of the Workmen's Compensation Law ( ) when it appeared that he was injured while lifting or carrying an object and that such injury was not brought about by an unexpected event. In Marlowe v. Huron Mountain Club, 271 Mich. 107, 260 N.W. 130, 131, we said: ...
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...Mountain Club, 271 Mich. 107, 260 N.W. 130; Williams v. National Cash Register Co., 272 Mich. 553, 262 N.W. 306; Waites v. Briggs Manufacturing Co., 280 Mich. 185, 273 N.W. 441; Nagy v. Continental Die Casting Corp., 283 Mich. 162, 277 N.W. 869. Arnold was also followed by allurements, as i......
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...is not entitled to an award of compensation. Williams. v. National Cash Register Co., 272 Mich. 553, 262 N.W. 306;Waites v. Briggs Mfg. Co., 280 Mich. 185, 273 N.W. 441;Nagy v. Continental Die Casting Corp., 283 Mich. 162, 277 N.W. 869.’After the occupational disease amendment was adopted b......
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Putnam v. Beechler
...an accidental injury is well settled by many decisions of this court. Clifton v. Chrysler Corporation, supra; Waites v. Briggs Manufacturing Co., 280 Mich. 185, 273 N.W. 441;Williams v. National Cash Register Co., 272 Mich. 553, 262 N.W. 306;Hooks v. City of Wyandotte, 278 Mich. 232, 270 N.......
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Schlange v. Briggs Mfg. Co.
...Cash Register Co., 272 Mich. 553, 262 N.W. 306; Allen v. Wolverine Express, Inc., 279 Mich. 621, 273 N.W. 291; Waites v. Briggs Manufacturing Co., 280 Mich. 185, 273 N.W. 441; and Nagy v. Continental Die Casting Co., 283 Mich. 162, 277 N.W. 869. On the contrary, the authorities cited, supra......