Byers v. Industrial Commission, 6203
| Decision Date | 03 July 1956 |
| Docket Number | No. 6203,6203 |
| Parties | Edith M. BYERS, Petitioner, v. The INDUSTRIAL COMMISSION of the State of Arizona, and B. F. Hill, A. R. Kleindienst, and F. A. Nathan, Members of the Industrial Commission of the State of Arizona, and Albert E. Main, Respondents. |
| Court | Arizona Supreme Court |
Lester J. Hayt and Alan Philip Bayham, Phoenix, for petitioner.
John R. Franks, Donald J. Morgan and John F. Mills, Phoenix, of counsel, Robert K. Park, Phoenix, for respondent Industrial Commission.
We issued certiorari on the petition of Edith M. Byers to review an award of the Industrial Commission of Arizona denying her death benefits under the workman's compensation law for the death of her husband which she claimed arose out of and in the course of his employment.
Facts for which there is ample evidence in support are: The decedent had worked intermittently for the respondent employer for about five years as a city delivery man. He reported for work on the morning of April 11, 1955, about 7:30 o'clock. He was requested by his employer to go to the repair shop and assist the superintendent in cleaning up the shop. On his arrival the cleanup work was virtually completed. From between 8 and 9 o'clock until shortly after 11:00 o'clock he performed about one-half hour's light work sweeping and picking up trash. During this period, while at the shop, decedent complained of pains in the chest and shortness of breath. Shortly after 11:00 o'clock decedent decided to leave and go over to Acme Materials at 7th Street and the Salt River and take it easy. For this purpose he took the employer's truck and proceeded down the driveway towards Central Avenue. After proceeding a short distance the truck gradually curved to the left off the driveway and into some trees. The daughter of the employer observed the truck before it finally slowed to a stop. When she reached the truck, decedent was in the front seat gasping for breath. The truck was in second gear and the ignition key turned off. Dr. C. L. Kline was called, pronounced decedent dead, noticed no evidence of external injury and was of the opinion that death was brought on by coronary occlusion.
The day following, Dr. Maurice Rosenthal performed an autopsy and reported as follows ...
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