Summary
In Moore, supra, we affirmed the judgment of the trial court and the order of the Workmen's Compensation Commission denying compensation, because there was no showing that the employee was doing extreme physical exertion, nor was he subject to an emotional strain at the time of or just before his death.
Summary of this case from Mississippi Ass'n of Insurance Agents v. Dependents of SeayOpinion
No. 41735.
March 6, 1961.
1. Workmen's compensation — pre-existing disease or infirmity — causal connection — death of traveling salesman not causally connected with employment.
Evidence supported finding that death in hotel room of traveling salesman who suffered from high blood pressure, chronic bronchitis and hypertension was not causally connected with employment, so that death was not compensable.
Headnote as approved by Rodgers, J.
APPEAL from the Circuit Court of Marion County; SEBE DALE, Judge.
Bert Crisler, Crisler, Crisler Bowling, Jackson, for appellant.
I. It is generally held that when it is shown that an employee was found dead at a place where his duties required him to be, or where he might properly have been in the performance of his duties during the hours of his work, in the absence of evidence that he was not engaged in his master's business, there is a presumption that the accident arose out of and in the course of the employment within the meaning of the compensation acts. Majure v. William H. Alsup Associates, 216 Miss. 607, 63 So.2d 113; Pearson v. Dixie Electric Power Assn., 219 Miss. 884, 70 So.2d 6; 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.
Watkins Eager, Shelby R. Rogers, Jackson, for appellee.
I. The claimant has the overall burden of proving the facts prerequisite to recovery under Mississippi Workmen's Compensation Act. Avery Body Co. v. Hall, 224 Miss. 51, 79 So.2d 453; Brookhaven Steam Laundry v. Walker, 214 Miss. 569, 50 So.2d 294; California Eastern Airways v. Neal, 228 Miss. 370, 87 So.2d 895; Dillon v. Gasoline Plant Construction Co., 222 Miss. 10, 75 So.2d 80; Franks v. Goyer Co., 234 Miss. 833, 108 So.2d 217; Ingalls Shipbuilding Corp. v. Howell, 221 Miss. 824, 74 So.2d 863; Mississippi Products Co. v. Gordy, 224 Miss. 690, 80 So.2d 793; Smith v. St. Catherine Gravel Co., 220 Miss. 462, 71 So.2d 221; T.H. Mastin Co. v. Mangum, 215 Miss. 454, 51 So.2d 298; Wallace v. Copiah County Lumber Co., 223 Miss. 90, 77 So.2d 316.
II. Where employee chooses his own actions against the advice of his doctor and his workload is selected by the employee himself, then there is no liability even though the fatal onset occurred during the course of employment. Halbert v. Lamar Advertising Agency, 231 Miss. 437, 95 So.2d 535.
III. Any presumption raised in this case vanishes with actual proof that removes presumption. Majure v. William H. Alsup Associates, 216 Miss. 607, 63 So.2d 113; Pearson v. Dixie Electric Power Assn., 219 Miss. 884, 70 So.2d 6.
IV. Possibilities are not sufficient to substantiate an award. Franks v. Goyer Co., supra; Rushing v. Water Valley Coca Cola Bottling Co., 232 Miss. 338, 98 So.2d 870.
V. The finding of the Commission denying an award was based on substantial evidence and should be allowed to stand as affirmed by the Circuit Court. Barry v. Sanders Co., 211 Miss. 656, 52 So.2d 493; Brown Buick Co. v. Smith's Estate (Miss.), 52 So.2d 664; California Eastern Airways v. Neal, supra; Capital Broadcasting Co. v. Wilkerson, 240 Miss. 64, 126 So.2d 242; Dillon v. Gasoline Plant Construction Co., supra; Fisher v. Gloster Lumber Builders Supply Co. (Miss.), 57 So.2d 871; Freeman v. Mississippi P. L. Co., 230 Miss. 396, 92 So.2d 658; Railway Express Agency v. Hollingsworth, 221 Miss. 688, 74 So.2d 754; Smith v. St. Catherine Gravel Co., supra; Tanner v. American Hardware Corp., 238 Miss. 612, 119 So.2d 380; Thornton v. Magnolia Textiles (Miss.), 55 So.2d 172.
Mr. Guy J. Moore was found dead in the Bayliss Hotel at Columbia, Mississippi, about noon March 4, 1958. He was a long and trusted employee of Hederman Brothers, as a traveling salesman. Mr. Moore was suffering with a great many ailments and among others he had high blood pressure, chronic bronchitis, and hypertension.
It is claimed that his death was causally connected with his employment.
(Hn 1) It may be conceded that as the deceased grew older he became upset with some of the changes being made in his organization, but we have carefully examined the evidence in this case, including the testimony of the doctors together with the detailed reports of his activity, and we cannot say that the "trier of the facts" did not have substantial testimony on which to base its judgment refusing compensation. The case will therefore be affirmed.
Affirmed.
McGehee, C.J., and Arrington, Ethridge, and McElroy, JJ., concur.