Rivers v. Vancouver Plywood Co.

CULPEPPER, Judge.

Plaintiff seeks workmen’s compensation benefits for total and permanent disability resulting from a hernia. The district judge found plaintiff failed to prove the hernia was caused by an accident in the course and scope of his employment. Plaintiff appealed.

The decisive issue is whether plaintiff proved the accident.

Plaintiff was employed as a common laborer by the defendant, Vancouver Plywood Company, Inc. He alleges that during the last week of August, 1970, he and another employee, Willie Puefory, were loading a boxcar with 2x8 pine boards. Plaintiff testified that when he…