American Surety Co. of New York v. Lewis

McDONALD, Chief Justice.

Appellee Fred Lewis seeks recovery of workmen’s compensation for a hernia. Judgment was rendered upon a jury verdict for fifty weeks’ compensation. The insurer appeals.

In his notice of injury given to the Industrial Accident Board, appellee described his injury as follows :

“Breaking down of old hernia which had commenced on same job on August 30, 1942.”

In his claim for compensation filed with the Board, he described his injury as:

“Aggravation and completion of old hernia sustained on same job on August 30, 1942.”

In his petition filed in the court below, appellee…