When Turkeys Attack

Landauer v. State Industrial Acci. Com., 175 Ore. 418 (Or. 1944)

Lexis headnotes:

OVERVIEW: The claimant was employed in a poultry-processing plant. An allegedly dead turkey kicked the claimant in the breast as the claimant was processing the turkey.

The claimant filed an action for workmen’s compensation benefits seven months after the accident and alleged that the injury caused her to develop breast cancer.

The Commission refused to consider the claim on the merits because it was not filed within three months after the accident. The claimant alleged that the Commission abused its discretion in refusing to consider the merits of the action.

The court affirmed the trial court and held that the Commission did not abuse its discretion in refusing to grant the claimant permission to file her claim more than three months after the accident occurred.

The claimant should have filed her claim within three months of the accident or should have presented an affidavit by a qualified physician certifying that there was a casual connection between the accident and the development of cancer in the claimant’s breast. The Commission did not abuse its discretion in the absence of some corroboration of the claimant’s unverified petition.