Black Forest Fox Ranch, Inc. v. Garrett, 15251.

• Decision Date: 01 February 1943
• Docket Number: 15251.
• Citation: 134 P.2d 332,110 Colo. 323
• Parties: BLACK FOREST FOX RANCH, Inc., et al. v. GARRETT et al.
• Court: Colorado Supreme Court

134 P.2d 332

110 Colo. 323

BLACK FOREST FOX RANCH, Inc., et al. v. GARRETT et al.

No. 15251.

Supreme Court of Colorado, En Banc.

February 1, 1943

Rehearing Denied Feb. 23, 1943.

Error to District Court, City and County of Denver; George F Dunklee, Judge.

Proceeding under the Workmen's Compensation Act by Maude Alice Garrett and Donald Henry Dyk, a minor, by Maude Alice Garrett, his next friend, claimants, for the death of Thomas F. Garrett, employee, opposed by the Black Forest Fox Ranch Inc., employer, and the State Compensation Insurance Fund insurer. To review a judgment vacating an order of the Industrial Commission of Colorado and directing the Commission to enter an award granting compensation, the employer, the insurance carrier and the Commission bring error.

Reversed.

Alious Rockett and Louis Schiff, both of Denver for plaintiffs in error Black Forest Fox Ranch, Inc., and State Compensation Fund.

Gail L. Ireland, Atty. Gen., H. Lawrence Hinkley, Deputy Atty. Gen., and St. George Gordon, Asst. Atty. Gen., for plaintiff in error, Industrial Commission of Colorado.

John R. Turnquist, of Denver, for defendants in error.

KNOUS Justice.

This controversy relates to the claim of defendants in error, respectively, the widow and grandson of Thomas F. Garrett, a deceased employee, for workmen's compensation benefits allegedly due them because of his death. Concluding that his death was not the result of an accident arising out of and in the course of his employment, the Industrial Commission denied the claim. In an action for review prosecuted by claimants, the district court considering the commission's finding contrary to the uncontradicted evidence, vacated the order and directed the commission to enter an award of compensation benefits in favor of claimants. The employer, the insurance carrier and the commission here seek a reversal of the judgment of the district court.

The employer was engaged in the business of breeding foxes. Deceased, sixty-five years of age, was employed as a ranch hand or general utility man. On the afternoon of September 6, 1941, deceased, with other employees, was engaged in rounding up and recapturing some foxes which had escaped from their pens. In cornering one of these foxes the men were 'working fast upgrade.' After the fox was cornered the men jumped back and forth rapidly in order to hold the fox in the corner. The whole maneuver consumed about five minutes. By the time the fox was caught deceased was 'pale and yellow,' as well as short of breath, and had to hold onto the fence to support himself from falling. Later in the day, after resting, he undertook to continue his work but without marked success. He did not report for work the next day but resumed his duties on September 11. He then worked for three days at light tasks but had a relapse and did not report again until October 20, when he was assigned to the performance of office duties. October 25, after returning home from his employment, he died of a heart attack. It further was testified that following the incident of September 6, decedent continually complained of feeling unwell and never thereafter regained the physical ability he had enjoyed previously. In seeking compensation benefits claimants naturally proceeded upon the theory that the death of the employee was causally related to his physical exertion in chasing the fox. As the basis for concluding adversely to this contention the findings of the referee--adopted by the commission--recite: 'It appears from the medical testimony and the Referee so finds that the coronary occlusion or thrombosis which caused the death of the decedent occurred from three to five days prior to the death of the decedent and that it was not caused by the exertion above mentioned. The lay testimony indicates that after decedent exerted himself he felt sick and weak. The Referee finds from the testimony that this illness was due to ischemia which deceased suffered at the time he exerted himself. This ischemia was temporary and decedent had completely recovered from it at the time he suffered the coronary occlusion or thrombosis which caused his death.'

From the record it is evident that the expression 'coronary occlusion or thrombosis' is used in the commission's findings as being descriptive of a closure (occlusion) of the coronary vessels by the formation of a clot of blood therein or within the heart (thrombosis). The term 'ischemia', meaning a lack of blood, appears to have been employed in the findings as referring to a deficiency in the blood supply to the heart muscle.

It is not disputed that in this jurisdiction, a death which ensues as the result of a heart attack brought on by overexertion arising...