Jeffersonville Boat & Mach. Co. v. Rager
| Decision Date | 28 March 1946 |
| Docket Number | 17447. |
| Citation | 65 N.E.2d 638,116 Ind.App. 521 |
| Court | Indiana Appellate Court |
| Parties | JEFFERSONVILLE BOAT & MACHINE CO. v. RAGER et al. |
Fox and Fox, of Jeffersonville, for appellant.
James L. Murray, of Indianapolis, and Thomas S. Pointer, of Jeffersonville, for appellee.
This is an appeal from an award of a majority of the full Industrial Board granting appellees, the widow and child of one Frank Rager, compensation for the death of the said Rager, who was an employee of the appellant at the time of his death.
The majority of the Board found that on the 15th day of December 1944, Frank A. Rager, appellee's decedent, was in the employ of appellant at an average weekly wage in excess of $34; that on said date he sustained personal injuries by reason of an accident arising out of and in the course of his employment with the appellant, of which said accidental injuries the said Frank A. Rager died the same day. An award of compensation upon such finding was made by a majority of the full Board in favor of appellees in equal shares, and against appellant, at the rate of $18.70 per week during the period of their dependency, not to exceed 300 weeks, and not to exceed the sum of $5500.
The appellant appeals to this court on the statutory ground that the award of the Industrial Board is contrary to law.
The question presented by this appeal is whether or not there is competent evidence to establish that the decedent's death was caused by carbon monoxide poisoning, as claimed by appellees.
The evidence discloses that decedent was employed as a shipfitter whose regular duties required him to test the seams in the tanks of LST boats for appellant. On the day he met his death he had entered the wing tank of the LST boat, in which his body was later found, to test the welding for leaks. This tank was 24 feet long, 10 feet wide at the top, and 12 feet 5 5/8 inches deep on its inner side; and the bottom and under side were curved, making the ends of the tank substantially a quarter circle. The only entrances to this tank from any direction were from the top and down ladders through two oval manholes, each 1 foot 3 inches wide and 1 foot 11 inches long. Decedent entered this tank about 11:15 A.M.; a fellow workman called down to decedent about 11:35 A.M. and received no answer; and decedent's body was found about 12:45 or 12:50 P.M. of the same day. He was lying flat on his back and had suffered very slight abrasions of his right cheek. There was evidence that two five-gallon buckets for the use of burning coke for heating purposes, and which are called salamanders, were present in the wing tank during the time decedent was in the tank on the day in question. There was testimony that these salamanders were cold some time after the body was discovered, and there was also testimony that there were quite a few ashes on the floor of the tank and ashes on decedent's face.
Dr. H. R. Wilbur, the doctor who performed the autopsy on decedent, stated his opinion that death was due to carbon monoxide poisoning, and testified that he based such opinion on the following facts: The absence of outward signs of cyanosis; the absence in the heart of extreme heart disease; the absence of enlargement of the heart; and the presence in the viscera and in the superficial circulation of a cherry red hue characteristic of carbon monoxide poisoning. The coroner testified, 'The body had a peculiar redish cast.' Appellant's expert witness, Dr. A. J. Miller testified, 'If I saw the cherry red color and it appeared that to me, ...
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