76 Ind. App. 245 | Ind. Ct. App. | 1921
The Industrial Board found that on April 26, 1920, one Walter G. Luce received a personal injury by accident arising out of and in the course of his employment and resulting in his death on May 12, 1920. Compensation was awarded the widow as sole dependant. Appellant’s only contention is that there is no evidence to sustain the finding that the workman’s death resulted from the injuries occasioned by the accident.
Dr. Knoefel described his condition as follows: “A very severe scalp wound on top of head, involving the pericranium; the scalp was both lacerated and burned; there were numerous small lacerations and minor burns on the face, arms, forearms, and hands; both ankles were fractured; the right ankle sustained a compound fracture, the wound in the soft structures being on the anterior surface and about three inches above the ankle.
In addition to the foregoing, the X-ray revealed a fracture of anterior surface of the left tibia at lower end; comminuted fracture of right leg involving tibia
Other evidence establishes without contradiction that the unfortunate man was injured even to a greater extent. For a time he was unable to use either arm, but later he had some use of the left arm. His body generally was badly bruised. There were two perforations in his skull. He was unconscious and delirious nearly all the time. He was kept on a cot and on his back. He had nurses. Nearly all his food was in the form of soup, and he took very little of that. His wife was with him every day from 7 a.m. to 9 p.m.
When the man died at the hospital, Dr. Knoefel notified the coroner of Vigo county. Thereupon Dr. Danner, deputy coroner, proceeded to hold an autopsy. This he did without ,the knowledge of the wife. He stated that in his opinion the man “died from a mechanical obstruction of the bowels and his death was not due to any physical injury received in a coal mine.”
Dr. Johnson, who accompanied the injured man to the hospital, stated:
“I saw Mr. Luce on the night following the injury, at St. Anthony’s Hospital. He was in bad condition from shock and had a severe laceration of the scalp which was also burned. He had burns of both forearms, and both legs were broken. I treated him for shock, cleaned up his scalp and sutured the scalp wounds. At that time I thought he would probably die within the next twenty-four hours. I saw him in a
The statements of these three doctors were made In writing, and none of them was cross-examined. Dr. White testified in response to a hypothetical question that in his opinion the injury occasioned by the explosion was the proximate cause of death. He also said that an injury to the spine might cause paralysis of internal organs. It should be noted, however, that the hypothetical question did. not include the feature of an obstructed bowel.
Award affirmed.