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eBook details

• Title: Anheuser Busch v. Industrial Commission
• Author : Supreme Court of Wisconsin
• Release Date : January 01, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

This is an appeal in a workmen's compensation case from a judgment directing the Industrial Commission to reconsider the matter
and to make specific findings. The facts are not in dispute. Jack M. Lynch, the applicant, started to work with Anheuser Busch,
Inc., the respondent, on May 28, 1962, because he had been laid off for the summer months by Wisconsin Malting Company. At
Anheuser Busch his work was physical in nature including shoveling malt into boxcars for three or four hours each day and
switching boxcars and emptying garbage. On July 12, 1962, while he and another employee were lifting a 50-gallon garbage drum
weighing about 300 pounds, he felt a pulling strain in his lower-left abdomen. He suffered pain for fifteen or twenty minutes
but did not stop working. During the next day and a half the pain reappeared periodically and on the second day after the
accident he noticed a lump on the left side of his abdomen. The following Monday he saw Dr. Nathan S. Davis who diagnosed
his condition as a rupture and recommended surgery. Lynch continued to work until December 28, 1962, when he was operated
on for a hernia. In January of 1963 a hearing was held on Lynch's application for compensation and the trial examiner found the hernia was
not occupational or the result of an accident arising out of his employment. The trial examiner's findings were set aside
by the Industrial Commission which made findings to the effect Mr. Lynch sustained an injury in the nature of a hernia while
performing services in the course of employment and such injury arose out of the employment with the respondent. Upon review
the circuit court set aside the findings and order of the commission and remanded the record with directions to make a specific
finding of whether the hernia was traumatic or occupational or to reconsider the problem in the light of its previous standards
for inguinal hernias and find there was no industrial injury. The Industrial Commission appealed and Anheuser Busch, Inc.,
has filed a notice of review requesting the application be dismissed on the ground the examiner's finding of no occupational
or traumatic hernia is the only finding which can be sustained by the evidence.

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