Legal Opinion

Zappala v. Industrial Insurance Commission

Washington Supreme Court

Decided November 17, 1914No. 12107PublishedCited by 48 opinions

Appeal from a judgment of the superior court for Chehalis county, Irwin, J., entered February 21, 1914, upon the verdict of a jury rendered in favor of the plaintiff, on appeal from' a decision of the industrial insurance commission rejecting a claim for compensation under the workmen’s compensation law.

1Opinion of the CourtMorris, J.

Respondent suffers from a hernia and, claiming to have received it under circumstances entitling him to relief under the workmen’s compensation act, filed his claim with the industrial insurance commission. The claim was rejected upon the ground that the hernia complained of was not the result of “some fortuitous event” within, the language of the act. Respondent then appealed to the lower court, where, over the objection of the commission, the case was submitted to a jury to determine whether or not the injury was such as fell within the act. Verdict was returned for respondent, and the…

2Cases cited5 opinions

  1. United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
  2. State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
  3. Bryant v. FissellSupreme Court of New Jersey · 1913
  4. Peet v. MillsWashington Supreme Court · 1913
  5. Horsfall v. Pacific Mutual Life InsuranceWashington Supreme Court · 1903

3Cited by48 opinions

  1. Stertz v. Industrial Insurance CommissionWashington Supreme Court · 1916
  2. Indian Creek Coal & Mining Co. v. CalvertIndiana Court of Appeals · 1918
  3. Ross v. Erickson Construction Co.Washington Supreme Court · 1916
  4. Hunter v. SummervilleSupreme Court of Arkansas · 1943
  5. Patrick v. J. B. Ham Co.Supreme Judicial Court of Maine · 1921

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