Legal Opinion · Dissent

Robertson v. Industrial Commission

Utah Supreme Court

Decided November 21, 1945No. 6820Published

1DissentWolfe, Justice

I have no difficulty with the concept that an internal failing brought on by exertion in the course of the employment is an industrial accident within the meaning of Sec. 42-1-43, U. C. A. 1943. We have so held many times. In Cherdron Construction Company v. Simpkins, 61 Utah 493, 214 P. 593, 596, the applicant, while pushing a wheelbarrow full of cement up a 13% grade, slipped and in attempting to hold the load strained himself and suffered a mitral heart lesion. In sustaining the commission’s award we said:

“In view of the authorities above referred to, and others which we have examined, we…

2Cases cited27 opinions

  1. Norris v. Industrial CommissionUtah Supreme Court · 1936
  2. Kent v. Industrial CommissionUtah Supreme Court · 1936
  3. State Road Commission v. Industrial CommissionUtah Supreme Court · 1920
  4. Hammond v. Industrial CommissionUtah Supreme Court · 1934
  5. Cherdron Const. Co. v. SimpkinsUtah Supreme Court · 1923

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