State Industrial Insurance System v. Kelly

OPINION

This is an appeal from a district court order reversing an administrative determination of ineligibility for state industrial insurance benefits. Appellant State Industrial Insurance System (SIIS) contends that the evidence was insufficient to support respondent Kelly’s claim that, as the result of an industrial injury, he suffers a symptomatic condition requiring surgery which is compensable by SIIS. We disagree.

Since birth, Kelly has had an umbilical hernia or “hole” in his abdominal wall. Until his industrial accident, however, Kelly’s hernia had been asymptomatic or non-protrusive.…