Opinion
S. F. No. 9384.
March 4, 1920.
APPLICATION for a Writ of Certiorari to review an award of the Industrial Accident Commission. Denied.
The applicant for compensation prior to his employment was physically examined and found to have lax inguinal rings predisposing him to hernia, and thereupon was required to execute an agreement releasing his employer from all claims that might arise on account of hernia appearing while in service. During the course of his employment he sustained a left inguinal hernia and upon application for compensation the employer relied upon the release.
Henley C. Booth for Petitioner.
A.E. Graupner for Respondent.
We are satisfied that in view of the provisions of section 27a of the Workmen's Compensation, Insurance and Safety Act of 1917 (Stats. 1917, p. 855), petitioner cannot avail himself of the agreement relied on.
The application for a writ of review is denied.
Angellotti, C. J., Lawlor, J., Olney, J., Wilbur, J., Shaw, J., and Lennon, J., concurred.