Opinion
Submitted February 17, 1933 —
Decided April 27, 1933.
An employe of appellant, while in such employment, stepped from a motor vehicle to repair a tire, slipped and fell and lay unconcsious for an hour in a roadway covered by snow and ice. The employe developed tuberculosis, and died from this disease. Held, that the workmen's compensation bureau, in making an award for compensation against the employer, based upon a finding that decedent suffered an accident arising out of and in the course of his employment, and died as the direct result of such accident, acted upon evidence sufficient to justify the award.
On appeal from the Supreme Court, in which the following per curiam was filed:
"James Demoleas was an employe of the Olympia Bread Company, and on January 20th, 1929, while in and about such employment, a tire of the motor vehicle which he was operating required repairing. This he attempted to do. As he stepped off his truck he slipped and fell, striking his chest and right leg, and was rendered unconscious for an hour, during that time lying in the roadway which was covered by snow and ice. He developed tuberculosis and filed a petition for compensation on December 19th, 1929. He died of pulmonary tuberculosis on August 25th, 1930, before a determination under his aforesaid petition. After his death a judgment under date of June 10th, 1931, was entered in his favor and subsequently on July 29th, 1931, such judgment was modified so as to run in favor of his widow and an only child.
"This judgment the present writ brings before us for review.
"There are but two grounds urged:
"1. The determination and judgment are contrary to the weight of the evidence in holding that petitioner, James Demoleas, suffered an accident arising out of and in the course of his employment; and
"2. The determination and judgment are contrary to the weight of the evidence in holding that petitioner, James Demoleas, developed pulmonary tuberculosis of both lungs as the direct result of the injuries sustained in the alleged accident.
"Our examination and consideration of the proofs before the deputy commissioner brings us to the conclusion that his determination was not against the weight thereof and, therefore, that we are not warranted in setting aside such findings and the resulting judgment.
"The judgment under review is therefore affirmed, and the writ dismissed, with costs."
For the appellant, Coult, Satz Tomlinson ( John J. Francis and Joseph Coult, of counsel).
For the respondent, Frank G. Turner.
The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered by the Supreme Court.
For affirmance — THE CHIEF JUSTICE, TRENCHARD, CASE, BODINE, DONGES, HEHER, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 12.
For reversal — None.