Opinion
May 11, 1949.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Santry and Bergan, JJ.
Deceased was employed moving material by hand trucks in a carpet mill. He became ill while at work, complaining of a severe pain in his back. At a hospital it was found any movement of the back produced a severe spasm of the erector spinae muscles. He was given treatment for this condition. Five days later, having acute abdominal symptoms, an operation was performed, a ruptured gastric ulcer was found and death ensued due to a generalized peritonitis. Proof relied on to establish an accident was that the employee told his daughter that as he pushed a truck while at work he felt a "kink" in his back. Hearsay evidence is admissible in view of the employee's death, under section 118 Work. Comp. of the Workmen's Compensation Law. To sustain the proof of accident corroboration by "circumstances or other evidence" is required, but this is sufficiently met here by the independently established fact that the employee became ill while at work; by the similarity of the history given to two physicians by the employee; by the physical findings of the physicians, and by the admissions of the employer in its report indicating the employee suffered an injury. From all of this the board could have found the employee suffered an accident. There is firmly expressed medical opinion that the accident could not have caused the death of the employee. There is also firmly expressed medical opinion that the accident described was such a sudden strain as to cause the perforation of the ulcer and thus become a cause of death. The board accepted this proof. The court has no power to direct a different evaluation of disputed opinion evidence or to direct a different appraisal of proof of the accident. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.