Austin v. Industrial Lumber Co.

Plaintiff claims to have been injured on March 3, 1941, while cutting logs for the defendant lumber company, as a result of which he sustained a left inguinal hernia. He sues for compensation for total, permanent disability at the rate of $10.29 per week for a period of 400 weeks, however, counsel for plaintiff now concedes that the correct weekly wage was $13.20, and the basis of his compensation should be $8.58 per week.

The only issue in the case is whether or not the plaintiff now suffers from a hernia which resulted from an accidental injury received by him as he claims. The trial judge…