Vincent R. Ginter v. Freund Baking Company

This is a claim under the Missouri Workmen's Compensation Law. The Referee found in favor of claimant, but on appeal by the
employer and insurer the Industrial Commission reversed that finding and made a final award denying compensation. Claimant's
appeal to the St. Louis Circuit Court was unavailing, and he appealed here. The claimant alleged in his claim that he was injured on August 20, 1962 when "While working in the course and scope of my
employment, I stooped and reached way down and was attempting to lift a large box (containing an assortment of bakery items)
and while so doing, I got into an awkward, unusual and abnormal position and did then and there suddenly experience and suffer
a sudden, unusual and abnormal strain and sprain of my back, thereby injuring me." The employer and insurer in their answer
denied that the claimant suffered an accident within the meaning of the Law. At the start of the hearing before the Referee
it was agreed by both sides that on August 20, 1962 the Freund Baking Company was an employer operating under the provisions
of the Workmen's Compensation Law; that its liability was fully insured by the Queen Insurance Company of America; that claimant
on that date was an employee of Freund Baking, and was working under the Law; that notice was given and the claim filed within
the prescribed time; that claimant's average weekly wages were $112; and that compensation of $230.72 had been paid, and medical
aid furnished. Thus the only issues remaining for trial were whether or not the claimant sustained an accident arising out
of and in the course of his employment within the meaning of the Workmen's Compensation Law; and, if so, the nature and extent
of his permanent partial disability.