316 Mass. 358 | Mass. | 1944
This is an appeal from a final decree awarding compensation to the husband , of the employee whose death was found to have resulted Arom a personal injury arising out of and in the course of her employment.
There was evidence that the employee on July 3, 1942, while at work walking along a passageway leading to a wash room, fell and struck her head against one of the trucks which were located on either side of the passageway, picked herself up and walked dizzily to a box upon which she sat holding on to her head on which there was an abrasion. She was taken to a hospital where she remained until July 24, 1942, when she was taken to a Boston hospital where she died on August 14, 1942. The record of the first hospital showed that the employee’s condition was diagnosed as “Cerebral hemorrhage (traumatic in origin),” and the record of the second hospital gave the diagnosis as “Intracranial hemorrhage probably from aneurysm or weak walled blood vessel with right hemplegia [sic], following head injury.” The death certificate stated the cause of death as “Pneumonia developed during hospitalization following cerebral lesion with symptoms following an accidental fall.” A witness who saw the employee fall testified that the employee slipped on a spot of water or oil. There was evidence that one of the nurses at the hospital removed a patch of oil from the employee’s right leg. The Industrial Accident Board adopted the findings of the single member and found that the employee’s death was due to a cerebral hemorrhage caused by slipping and falling, striking her head on a truck and suffering a physical injury which arose out of and in the course of her employment.
The principal contention of the insurer is that the employee’s fall did not result from a hazard of the employment.
The employee was acting in the course of her employment
The next contention of the insurer is that there was not sufficient evidence that the employee’s fall produced a cerebral hemorrhage. The insurer offered no medical testimony. The employee’s physician testified that in his opinion the fall caused a rupture of a blood vessel in the brain. He also testified that in the absence of an autopsy and with a history of weakened blood vessels his opinion would rest upon speculation and surmise, but it could be found that by speculation and surmise he meant that, after getting a history of an accident and making every possible examination of a patient who was unable to talk, he studied the facts and formulated an opinion. A reasoned conclusion
The diagnosis appearing in the hospital record that the employee was suffering from a “Cerebral hemorrhage (traumatic in origin) ” was a description of her physical condition and a part of the medical history of the case. It defined the nature and type of the hemorrhage. It was properly admitted in evidence. Leonard v. Boston Elevated Railway, 234 Mass. 480. Bilodeau v. Fitchburg & Leominster Street Railway, 236 Mass. 526. Clark v. Beacon Oil Co. 271 Mass. 27. There was, however, error in admitting that portion of one of the hospital records to the effect that the patient's husband had stated that she slipped upon a greasy floor. Inangelo v. Petterson, 236 Mass. 439. Kelley v. Jordan Marsh Co. 278 Mass. 101, 110, 111. Commonwealth v. Dawn, 302 Mass. 255, 261. But in view of the
This is not a case where costs should be allowed under G. L. (Ter. Ed.) c. 152, § 14. See G. L. (Ter. Ed.) c. 152, § 11, as amended by St. 1939, c. 213.
Decree affirmed.