Casper Cone Co. v. Industrial Commission
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The appeal is from a judgment affirming an award of compensation to Felix Martineh under the Workmen’s Compensation Act. The evidence established this: At the time of the injury, the claimant was an employee of appellant, Gasper Gone Company. Both were under the Workmen’s Compensation Act.
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The appeal is from a judgment affirming an award of compensation to Felix Martineh under the Workmen’s Compensation Act. The evidence established this: At the time of the injury, the claimant was an employee of appellant, Gasper Gone Company. Both were under the Workmen’s Compensation Act. While in the due performance of his duties, he accidentally slipped and so strained himself that he fell to the floor, causing a right inguinal hernia with resulting serious disability. He was predisposed to such an…
1Opinion of the CourtMarshall, J.
The question presented for decision is, Did the circuit court decide rightly in holding that the injury to the claimant, Martinete, was proximately caused by accident within the meaning of sub. (3), sec. 2394 — 3, Stats. ?
As indicated in the statement, Martinete did not suffer from any disability because of merely having a congenital hernial sac. The accident caused the hernia and consequent disability. That a hernia caused by accident to an employee when he is performing service, growing out of and incidental to his employment, is a compensable injury under the Workmen’s Compensation Act, is…
2Cases cited4 opinions
- Robbins v. Original Gas Engine Co.Michigan Supreme Court · 1916
- City of Milwaukee v. Industrial CommissionWisconsin Supreme Court · 1915
- Bystrom Bros. v. JacobsonWisconsin Supreme Court · 1916
- Crouse v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
3Cited by8 opinions
- Babich v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1923
- Klika v. Independent School District No. 79Supreme Court of Minnesota · 1925
- Colorado Fuel & Iron Corp. v. FrihaufWyoming Supreme Court · 1943
- Employers Mutual Liability Insurance v. Industrial CommissionWisconsin Supreme Court · 1933
- Hughes v. Cudahy Packing Co.Supreme Court of Iowa · 1921
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