For the prosecutor, John W. Taylor (Everitt Rhinehart, of counsel).
For the respondent, S. Martin Mandon (Martin Kimmel, of counsel).
Before Justices Bodine, Perskie and Porter.
The opinion of the court was delivered by
PERSKIE, J. This workmen's compensation case requires that we decide whether the petitioner suffered a compensable hernia and whether he was properly awarded payment for permanent disability and medical expenses.
Meyer Rugg, the petitioner, a man of 58 years of age, was employed by respondent as a cabinet maker for about six or
seven years. On Saturday, October 21st, 1939, during the course of his employment and while lifting a panel which contained four clamps, each of which weighed fifteen or twenty pounds, he was stricken with pain in the region of his right groin. He tried to help a fellow employe with the work but the pain persisted. He went to the men's room where, upon examining the area of the pain, he noticed "a little ball on the side." He made further attempts to resume work with the aid of a helper until noon when he found it necessary to, and did, go home. After getting no relief from a self-administered enema, he remained in bed, with pain, until his son returned home about 7:00 P.M., and called the doctor who arrived about 11:00 P.M. On the following day, Sunday, he was taken to a hospital in Brooklyn, New York, and there operated upon for a strangulated right inguinal hernia. On Monday morning, October 23d, 1939, the petitioner's son called the respondent on the telephone, spoke to the representative in the New York office and explained to him that the petitioner was operated upon for an injury received Saturday while at work.
Serious post operative complications developed, including difficulty in voiding, prostrate obstruction, urinary sepsis and broncho-pneumonia. Several subsequent operations were necessary and petitioner did not leave the hospital until three months after his admission.
Petitioner filed his claim petition with the Workmen's Compensation Bureau. The Bureau found that the petitioner suffered, on October 21st, 1939, a "non-traumatic right inguinal hernia arising out of and in the course of his employment which meets all the statutory requirements for a hernia of that class and that as a result of the operation to correct said hernia sustained additional injury resulting in a temporary disability of 33-6/7 weeks for the period October 21st, 1939, to and including June 13th, 1940, and permanent disability of 5% of total." Accordingly, an award was made in favor of petitioner and against respondent. This included an order to pay for temporary and permanent disability, for medical treatment and hospitalization to the amount of $1,484.20, and counsel fees.
On appeal, the Union County Court of Common Pleas entered a determination of facts and rule for ...