13 P.2d 517 | Cal. Ct. App. | 1932
Petitioners seek a review of the order of respondent Commission denying them compensation for the death of Anton Nielsen.
Deceased was employed as a cabinet-maker by respondent Bersch, who was insured by the respondent State Compensation Insurance Fund. The deceased was forty-seven years old at the time of his death and had been working steadily at his trade with respondent for a period of fifteen years. During all this time he had never displayed any symptom of illness or disability or any abnormal condition of health. On November 25, 1930, deceased, with five others, carried an altar top from Bersch's place of business to a truck and took it to a church, where it was to be installed. Seven other men helped deceased carry the altar top into the church, but, when they arrived there, it was found necessary to remove the old altar top. Deceased took a hammer and a chisel and worked upon the old top for about five minutes when he was stricken with a heart attack and soon thereafter died. The work of that morning was done in a great hurry, the new altar top was carried up the aisle of the church in an awkward and hurried manner, which no doubt caused an intense strain upon the deceased. The applicants are all dependents of the deceased entitled to an award if the death was the result of industrial injury.
The evidence upon which the Commission denied the application does not present a substantial conflict. Dr. Koford, the family physician, was present at the autopsy held immediately after the death. He testified that the deceased had "coronary and aortic sclerosis and the aorta was acutely dilated, being covered with numerous small red hemorrhages and broken capillaries". Also that "the dilatation had ruptured many of these fine blood vessels and that the rupturing had been very recent. I am convinced in my own mind that the heavy lifting caused an increased pressure in the blood stream, which the degenerated aortic wall could not withstand; this produced an acute dilatation and death". The autopsy surgeon at the inquest reported "arteriosclerosis, hemorrhages and dilatation of the aorta". Dr. Koford also testified that he had known the deceased for several years immediately prior to the death and that the deceased had never displayed or complained of poor health or illness and that he had not known anything abnormal in *212 his physical condition. The wife of deceased, who had lived with him for more than twenty years immediately preceding his death, testified substantially to the same effect. Dr. DuBray, without any examination of the deceased and without a full knowledge of the facts found at the autopsy, gave his opinion that death was caused by coronary occlusion and was not caused by the exertion of the employment. Dr. Gibbons, likewise without any examination of the deceased and without full knowledge of the true facts disclosed at the inquest and the circumstances leading to the death, also expressed an opinion that death was not caused by the employment. Dr. Harbaugh, another physician called by the Commission, reviewed the entire record and expressed the opinion that the pre-existing disease was the major factor in the case, but that the extra exertion and the testimony of the physicians who actually saw and performed the autopsy could not be disregarded.
[1] There are two principles which control the decision on this hearing. First, the rule of Winthrop v. Industrial Acc.Com.,
[2] The other rule applicable here is found in the recent opinion of the Supreme Court in Buckley v. Roche,
[3] The Buckley case is followed in Casserly v. City ofOakland,
For these reasons the award is annulled and the application remanded for further proceedings and findings in accord herewith.
Sturtevant, J., and Spence, J., concurred.
A petition for a rehearing of this cause was denied by the District Court of Appeal on August 31, 1932, and an application by respondents to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on September 22, 1932. *214