Crowe Glass Co. v. Industrial Accident Commission

Certiorari to review an award of the Industrial Accident Commission. On the fifteenth day of February, 1926, respondent Carrie Graham filed with the said Commission an application for adjustment of claim under the Compensation Act, in which it was alleged that one Fred Graham, her husband, sustained an injury due to straining himself by lifting a heavy crate on Thursday, November 19, 1925, at which time he was employed by Crowe Glass Company. She charged that by reason thereof he died on November 22, 1925, as the aftermath of an operation to cure a rupture. Petitioners herein, as employer and insurance carrier, respectively, contested the application on the ground that the deceased employee had never made any claim of injury, and that in fact his rupture, or hernia, was not caused by the employment, but had, on the contrary, been one of years’ standing. Thereafter hearings were regularly had before the Commission, at which time testimony of the attending physician and others was taken. It is claimed by petitioners that this evidence showed that deceased had suffered from a hernia for a long time; that on Monday, November 16, 1925, prior to the date of the alleged injury, he was…