Summary
In Itawamba Manufacturing Company v. Dependents of Christian, 244 Miss. 587, 145 So.2d 161 (1962), the Supreme Court rejected the circuit court's finding for the claimant and held for the defendant as the attorney referee and commission had previously done.
Summary of this case from Leake Cty. Coop. v. Dependents of BarrettOpinion
No. 42399.
October 8, 1962.
1. Workmen's compensation — acute coronary occlusion — evidence — death benefits denied.
Evidence sustained administrative denial of benefits for death of machine operator from acute arterial coronary occlusion after he had punched time clock for work, picked up small oil can, and taken a few steps toward his machine.
Headnote as approved by McGehee, C.J.
APPEAL from the Circuit Court of Itawamba County; RAYMOND T. JARVIS, J.
Scribner Brewer, Tupelo, for appellants.
I. The burden of proof is upon the claimant to show by substantial, credible evidence a causal relation between the employment activity and the subsequent death.
II. The Mississippi Workmen's Compensation Commission is the trier of facts and if there is any substantial evidence to support its findings, the findings of the Commission should be sustained.
III. The great weight of the testimony is to the effect that there was no causal connection between the employment activity and employee's death.
IV. Collation of authorities: Capitol Broadcasting Co. v. Wilkerson, 240 Miss. 64, 126 So.2d 242; Cole v. Superior Coach Corp., 234 Miss. 287, 106 So.2d 71; Cowart v. Pearl River Tung Co., 218 Miss. 472, 67 So.2d 356; Franks v. Goyer Co., 234 Miss. 833, 108 So.2d 217; Harper Foundry Machine Co. v. Harper, 232 Miss. 873, 100 So.2d 779; Ingalls Shipbuilding Corp. v. Howell, 221 Miss. 824, 74 So.2d 863; Jones v. Southern Lumber Co., 215 Miss. 148, 60 So.2d 582; Lee v. Haltom Lumber Co., 230 Miss. 655, 93 So.2d 641; Mississippi Products, Inc. v. Gordy, 224 Miss. 690, 80 So.2d 793; Oatis' Estate v. Williamson Williamson Lumber Co., 230 Miss. 270, 92 So.2d 557; Rushing v. Coca Cola Bottling Co., 232 Miss. 338, 98 So.2d 870; Smith v. St. Catherine Gravel Co., 220 Miss. 462, 71 So.2d 221; Sullivan v. C. S. Poultry Co., 234 Miss. 126, 105 So.2d 558; T.H. Mastin Co. v. Mangum, 215 Miss. 454, 61 So.2d 298.
J. Hollis Brown, Fulton, for appellee.
I. Presumption. Lewis v. Trackside Gasoline Station Pacific Indemnity Co., 233 Miss. 663, 103 So.2d 868; Russell v. Sohio Southern Pipe Lines, Inc., 236 Miss. 722, 112 So.2d 357; Shannon v. City of Hazlehurst, 237 Miss. 828, 116 So.2d 546; Winters Hardwood Dimension Co. Inc. v. Harris' Dependents, 236 Miss. 757, 112 So.2d 227.
II. The work need not be unusual or strenuous. Cowart v. Pearl River Tung Co., 218 Miss. 472, 67 So.2d 356; Insurance Department of Mississippi v. Dinsmore, 233 Miss. 569, 104 So.2d 296; Pennington v. Smith's Dependents, 232 Miss. 775, 100 So.2d 569; Poole v. Learned Son 234 Miss. 362, 103 So.2d 396; Russell v. Sohio Southern Pipe Lines, Inc., supra.
III. The Court has the right and duty to review the law and facts on all holdings of the Commission. Central Electric Power Assn. v. Hicks, 236 Miss. 378; 110 So.2d 351; Lucedale Veneer Co. v. Rogers, 211 Miss. 613, 53 So.2d 69; Russell v. Sohio Southern Pipe Lines, Inc., supra; Sec. 6998-26, Code 1942.
IV. The Act must be liberally construed in favor of the claimant. Central Electric Power Assn. v. Hicks, supra; Deemer Lumber Co. v. Hamilton, 211 Miss. 673, 52 So.2d 634; King v. Westinghouse Electric Corp., 229 Miss. 830, 92 So.2d 209; Lindsey v. Ingalls Shipbuilding Corp., 219 Miss. 437, 68 So.2d 872; National Surety Corp. v. Kemp, 217 Miss. 537, 65 So.2d 840.
The deceased employee in this workmen's compensation case, George Christian, was of the age of 48 years and was employed by the Itawamba Manufacturing Company as a machine operator. On Thursday, July 3, 1958, he was about his work at the manufacturing plant but was off on July 4, 5 and 6, the Fourth of July holiday period. He returned to his work on Monday, July 7, 1958, at about 6:15 a.m. At 6:57 a.m. he punched the time clock for work. He then picked up a small oil can, one-half of a pint in size, to oil the machine of a fellow worker. He took a few steps toward the machine and then fell to the floor as the result of an acute arterial coronary occlusion. At that time he had not started his work at his own machine. He was taken from the plant to a local hospital and died a short time later.
The dependents of this deceased employee applied for workmen's compensation, but their claim was denied by the attorney referee and then on appeal the same was again denied by the full commission by a unanimous vote. Thereupon an appeal was taken to the Circuit Court of Itawamba County where the circuit judge reversed the decision of the commission and allowed the claim. From that judgment of the circuit court, the Itawamba Manufacturing Company, as employer, and the United States Fidelity and Guaranty Company, as its insurance carrier, have prosecuted this appeal.
The theory of liability advanced by the appellees was that where an employee is found dead on the job there is a presumption of a causal connection between his work and his death, in the absence of an explanation as to why there was no causal connection between his work and his death.
We have repeatedly held that the Workmen's Compensation Commission is the trier of the facts and that if its finding is supported by substantial evidence the same will not be disturbed.
In this case there were two doctors who testified and there is no substantial disagreement in their testimony when considered as a whole. Dr. W.J. Daniel testified first that there was no causal relation between the work of the employee and his death. But he finally conceded that there was a possibility that his work could have had a causal connection with his death. Dr. Phil Albert Orpet, Jr., a specialist in internal medicine, testified that in his opinion the work of the employee had a causal relation to his death but he further testified that he considered that this conclusion was a possibility. We think that the Commission was warranted as a trier of the facts in concluding that since this employee collapsed before he had begun the duties of his employment on that morning and had had three days of rest and relaxation immediately prior thereto, that there was no causal relation between his activity as an employee and his death.
(Hn 1) After a careful study and consideration of all of the facts disclosed by the record in this case, we are of the opinion that we would not be justified in reversing the decision of the trier of facts and substituting our judgment in its stead. The judgment of the circuit court must therefore be reversed and a judgment rendered here in accordance with the decision of the Commission which affirmed the denial of liability as made by the attorney referee.
Reversed and judgment here for appellants.
Kyle, Gillespie, McElroy and Jones, JJ., concur.