80 Ind. App. 331 | Ind. Ct. App. | 1923
On the trial of this cause it was stipulated,—that on March 16, 1922, one John Kish received an injury from an accident arising out of and in the course of his employment, while employed by appellant National Rolling Mill Company; that the said employer had knowledge thereof and furnished medical treatment; that the average weekly wage of said John
It appears from this record, that after his injury, the deceased employe was attended by the physician employed by the appellant National Rolling Mill Company; that such physician called into consultation, over the case, another physician and surgeon; that, after an examination of said employe, the said doctors advised that a surgical operation be performed, as a part of the treatment of said employe; that the employe submitted to such surgical operation, and died from postoperative shock.
It also appears from this record that after said Kish was injured, an X-ray was made, and from an examination of this plate, the attending physician and the surgeon, whom he called into consultation, concluded that said Kish was suffering from “a large stone in the upper bowel of the right kidney,” which condition they attributed to his said injury of March 16, and the surgical operation was advised as a means of relief. The operation was performed by a surgeon who was employed and paid for said operation by the appellant National Rolling Mill Company.
The operation revealed the fact that said Kish was
Had the deceased survived the operation, and had this been a hearing upon an application to modify the said award on account of “changed condition/’ an entirely different question would be presented for our consideration. But in this case, upon this record, the following facts appear without controversy, viz.:—That Kish received an injury by accident, arising out of and in the course of his employment; that he received medical attention from a physician employed by appellant employer; that a surgical operation was advised by such physician and also by the surgeon, employed by appellant employer, as the only means of relieving his condition, which he was advised was the result of said accident; that Kish consented to have the surgeon of his employer perform said operation; that such operation was performed by such surgeon at the expense of said employer; that Kish died of post-operative shock, as the result of said operation. We see no break in the line of causation. The finding of the Industrial Board, that the death of Kish was the result of the accident sustained by him, as aforesaid, is, to our minds,' fully sustained by the record. The award of the Industrial Board is affirmed.