Opinion
October 1, 1930.
November 13, 1930.
Workmen's Compensation — Porter — Death — Unexplained cause — Evidence — Sufficiency.
In a claim under the Workmen's Compensation Act to recover for the death of the claimant's husband, the evidence established that the decedent was employed as a porter and that the lifting of heavy weights was among his duties. The claimant's testimony established that the decedent arrived at the defendant's premises in good health early in the morning, and that approximately two hours later he was found lying on the floor apparently in great pain. There was no competent evidence of what happened in the interval between his arrival and his being found on the floor. A post mortem examination disclosed that a lung had been torn from its place, and the esophagus ruptured, and that the wounds were fresh. Furthermore, there was medical testimony that the probable cause of death was external violence; that the wounds found could have been caused by violent stretching, and that a medical examination of the parts eliminated disease as a cause of the decedent's death.
Held: 1. That there was ample evidence to support the finding of the Workmen's Compensation Board, and 2. That the award for the complainant will be affirmed.
An accident sustained in the course of employment from an unexplained cause is compensable. Where the death is accidental it is not incumbent upon a claimant to show the exact nature of the accident or just how it occurred.
Appeal No. 361, October T., 1930, by Aetna Life Insurance Company from judgment of C.P., No. 4, Philadelphia County, March T., 1930, No. 6351, in the case of Mary N. McCluskey v. Stock Exchange Building Corp. and Aetna Life Insurance Co.
Before TREXLER, P.J., LINN, GAWTHROP, CUNNINGHAM, BALDRIGE and WHITMORE, JJ. Affirmed.
Appeal from award of Workmen's Compensation Board. Before FINLETTER, P.J.
The facts are stated in the following opinion of the court below:
This is an appeal by the insurance carrier from an award by the Workmen's Compensation Board. Claimant is the widow of William McCluskey, who was employed as a porter by the first-named defendant. On September 17, 1928, he arrived at his place of employment at six o'clock in the morning. That he was in good health at this time is abundantly shown by the testimony. At 8:15 A.M. he was found lying on the floor of the locker room, apparently in great pain and weakness.
There is no evidence of what happened in the interval, between his arrival at the defendant's premises, and his being found in the condition described, except a statement by him, found in the hospital records, that while engaged in lifting a fifty-pound burden he felt a sharp pain in his chest, c.
We will disregard this testimony for the reason that it may be open to criticism as hearsay. There is ample circumstantial evidence beside it to support the finding of the board. The post mortem examination disclosed the fact that a lung had been torn from its place, and the esophagus ruptured. The wounds were fresh. This statement alone suggests violence as a cause. There was in addition medical testimony that the probable cause of death was internal [external?] violence;" that the wounds found could have been caused by a "violent stretching." A microscopical examination of the parts was made by the physician in a search for disease, as a cause, with the result that "no evidence of disease to account for the lesions" was found. There was no evidence, he said, of an ulcer, or of an old lesion, or of cancer. The rent in the esophagus was "apparently recent," for there was "no evidence of inflammation." Finally it was shown that the deceased was employed as a porter, and that among his duties was the lifting of heavy weights.
The standard of proof of cause of death in these cases has been fixed by the Supreme Court in several cases. "Where the death is accidental it is not incumbent upon a claimant to show the exact nature of the accident or just how it occurred: Flucker v. Carnegie Steel Company, 263 Pa. 113. An accident sustained in the course of employment, from an unexplained cause, is compensable: Granville v. Scranton Coal Co., 76 Pa. Super. 335": Zelazny v. Seneca Coal Company, 275 Pa. 397. The cause of death may of course be established by circumstantial evidence in compensation cases as in others. It seems to us that the claimant has so established it. The careful examination and search by the medical expert for a natural cause of the condition of the deceased, eliminated disease as a cause. It is true that in the report of the post mortem there is reference made to a "necrotic area in the pleural cavity." But the physician who made the post mortem was emphatic that death was not caused by disease. Nothing was left but trauma, violence. The expert testified that a violent stretching could have torn the parts. The duties of the deceased were such as to give many opportunities for this violent stretching, in the strong muscular efforts he was required to make in lifting heavy weights. In our opinion there was ample evidence to support the findings of the board.
The appeal and exceptions are dismissed and judgment entered for the claimant against the defendants.
The court dismissed the appeal and affirmed the award. Aetna life Insurance Company appealed.
Error assigned, among others, was the order of the court.
Thomas F. Mount, and with him James J. Murray and Joseph W. Henderson, for appellant.
Hugh McAnany, for appellee.
Argued October 1, 1930.
The judgment is affirmed upon the opinion of the learned president judge of the court below.