Bergagna v. Department of Labor & Industries

(dissenting) — I am unable to subscribe to the result reached by the majority.

At the outset, it is necessary to determine the meaning of the word “injury” as used in the workmen’s compensation act of this state.

Laws of 1921, chapter 182, p. 720, § 2, Rem. Comp. Stat., § 7675, defined a compensable injury as follows:

“The words ‘injury’ or ‘injured’ as used in this act refer only to an injury resulting from some fortuitous event as distinguished from the contraction of disease.”

In 1926, two cases involving claims under the workmen’s compensation act for injuries occasioned by fortuitous events…