Legal Opinion

Employers Mutual Liability Insurance v. Industrial Commission

Wisconsin Supreme Court

Decided November 7, 1933PublishedCited by 13 opinions

1Opinion of the CourtFairchild, J.

That there was a previous injury which affected the physical ability of Klemp, one of the respondents here, is conceded. The appellants claim that there was a pre-existing condition predisposing his knee to injury, and that that was the proximate cause of the disability, and that the subsequent disability is therefore not compensable.

The effect of a disease or infirmity existing before an accident occurs is to be separated from the effect of the later injury so far as that is possible in the administration of the workmen’s compensation law. Stombaugh v. Peerless Wire Fence Co. 198 Mich. 445,…

2Cases cited4 opinions

  1. City of Milwaukee v. Industrial CommissionWisconsin Supreme Court · 1915
  2. Stombaugh v. Peerless Wire Fence Co.Michigan Supreme Court · 1917
  3. Casper Cone Co. v. Industrial CommissionWisconsin Supreme Court · 1917
  4. Claim of Tucillo v. Ward Banking Co.Appellate Division of the Supreme Court of the State of New York · 1917

3Cited by13 opinions

  1. General Accident Fire & Life Assurance Corp. v. Industrial CommissionWisconsin Supreme Court · 1937
  2. M. & M. Realty Co. v. Industrial CommissionWisconsin Supreme Court · 1954
  3. Mednis v. Industrial CommissionWisconsin Supreme Court · 1965
  4. Gilkeson v. Northern Gas Engineering Co.Nebraska Supreme Court · 1934
  5. Semons Department Store v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1971

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