Lloyd v. Webster

Bond, C. J., delivered the opinion of the Court. The Workmen’s Compensation Act (Code, art. 101, sec. 36, as amended by Acts 1931, ch. 363) provides that compensation may be allowed for a hernia following an accidental injury only when it shall be proved that “such injury was reported to the employer within forty-eight hours next following its occurrence,” and this case presents a question whether compensation may be awarded to an employee who is suffering from a hernia, and who had a previous accidental strain to which he attributes the hernia, but who did not within forty-eight hours after the accident report to his employer that it had occurred. A claim of the appellee under these circumstances was disallowed by the State Industrial Accident Commission, but, on appeal below, the circuit court refused to direct a verdict for the employer, and a jury found for the claimant, answering “Yes” to an issue whether the claimant had reported to his employer “the alleged injury within forty-eight hours next following the occurrence.” All testimony was that there had been no report made of the alleged accidental strain within forty-eight hours of its occurrence, and the dispute is on the identity of the occurrence from which the limitation is to run — from the accidental strain, or from a later development or discovery of the hernia ? According to testimony of the claimant, while loading heavy timber on a truck, on March 1st, 1932, he stumbled and dropped his end of a piece being carried, and then felt a pain and burning in his side.

Hot until eight dáys later, on March 9th, did he report to any one outside of his household that he had any injury, and then he discussed the con ⁵⁷⁶ dition. with his physician, whom he met on the road, and was told that the indications were that there was a hernia. On March 19th the physician examined the condition, and either on that day or the next, that is, within forty-eight hours after the examination, a report was made to the employer. Formal report was not made until March 30th. The full provision of section 36 of the act, as amended by chapter 363 of the Acts of 1931, is that: “In all claims for compensation for hernia, compensation may be allowed only upon definite proof to the satisfaction of the Commission: “First.

That there was an accidental injury causing hernia, arising out of and in the course of the employee’s employment. “Second. That the hernia appeared suddenly. “Third. That it was accompanied by pain. “Fourth. That the hernia immediately followed such injury. “Fifth.

That the hernia did not exist prior to the injury for which compensation is claimed. “Sixth. That, anything in this Act respecting notice to the contrary notwithstanding, such injury was reported to the employer within forty-eight (18) hours next following its occurrence.” These special requirements in the Maryland