Estey Piano Corporation v. Steffen

Concurring Opinion

Buchanan, J.

I am compelled to concur only in the result in this case for two reasons:(1) The Board made a specific Finding of Fact that the weight of the keyboard which the plaintiff lifted on November 26, 1969, “constituted sufficient extra or unusual exertion” to result in “an accidental injury”.(2) Certain Appellate and Court of Appeals cases are contrary to the rationale of U.S. Steel Corp. v. Dykes (1958), 238 Ind. 599, 154 N.E.2d 111.

The November 18, 1974, Findings of Fact appear to be inconsistent. After citing that Steffen’s “regular and routine duties” consisted of…