Chapman Price Steel Co. v. Bertels

• Decision Date: 01 July 1931
• Docket Number: No. 14316.,14316.
• Citation: 92 Ind.App. 634,177 N.E. 76
• Parties: CHAPMAN PRICE STEEL CO. v. BERTELS et al.
• Court: Indiana Appellate Court

92 Ind.App. 634

177 N.E. 76

CHAPMAN PRICE STEEL CO.

v.BERTELS et al.

No. 14316.

Appellate Court of Indiana, in Banc.

July 1, 1931.

Appeal from Industrial Board.

Proceedings under the Workmen's Compensation Law by Emelie Bertels and another for the death of Raymond Bertels, employee, opposed by the Chapman Price Steel Company, employer. From an award of the Industrial Board, the employer appeals.

Affirmed.

James L. Murray, of Indianapolis, for appellant.

J. C. Mathews, of Indianapolis, for appellees.

CURTIS, J.

This is an action brought before the Industrial Board of Indiana by Emelie Bertels, mother, and Lizette Bertels, sister, of Raymond Bertels, appellees, against Chapman Price Steel Company, appellant, for compensation for the death of their son and brother, alleged to have been due to an accidental injury arising out of and in the course of his employment on the 12th day of June, 1928.

The full board, in its corrected award, made the following finding: “That on June 12, 1928, one Raymond Bertels was in the employ of the defendant at an average weekly wage in excess of $30, and on said date the said deceased, by the terms of his employment, was working at a place that required the handling by him of heated sheets of metal with tongs and placing them in a rolling mill. The place where plaintiff and his co-employees was required to work was necessarily extremely warm and on the day plaintiff was injured, the atmosphere was unusually warm. That on said date, while the plaintiff was engaged in the duties of his employment, he became suddenly exhausted and was seized with cramping of his limbs, which affected his entire body and he was compelled to cease work, was taken to the hospital and given medical aid, removed to his home and within a few hours died on June 13, 1928. The majority of the members of the full board find that plaintiff's said injury and death was the result of an accident arising out of and in the course of his said employment by the defendant. The said majority of the members further find that deceased, at the time of his said injury and death, was 26 years of age and lived with his mother, Emelie Bertels, and his sister, Lizette Bertels, aged sixteen years, to whom he contributed the sum of ten dollars per week for their care and support, each of whom relied upon said contribution and were partially dependent on the deceased for their support to the extent of said contribution.”

Upon the above facts, the full board entered its award as follows: “It is therefore considered and ordered by a majority of the members of the full Industrial Board that the plaintiffs, Emelie Bertels and Lizette Bertels, be, and they are hereby, awarded compensation as against the defendant at the rate of $5.50 per week in equal shares, for a period of 300 weeks, beginning on June 13, 1928. It is further ordered that the defendant pay the necessary medical, surgical and hospital bills, for the first thirty days after the date of the injury; the statutory $100 on the funeral expenses of the deceased Raymond Bertels, together with the costs of this proceeding. It is further ordered that the fee of plaintiff's attorney be fixed in accordance with the rule of the board, that is: 10% upon the first thousand dollars of recovery, 5% upon the second thousand, and 2 1/2% upon all in excess thereof.” From this award the appellant appeals to this court and assigns as error the following: “The award of the full Industrial Board is contrary to law.”

In addition to the facts found by the board, the evidence shows that the decedent went to work at 8 o'clock on the morning of June 12, 1928, in good health; that he had never suffered from heat or cramps before that day, although he had worked for seven years for appellant at the same occupation; that about noon he told the foreman that he was feeling badly. At 1:30 p. m. he had the commencement of cramps, and could not hold the tongs. Shortly afterward he commenced to have convulsions, which so exercised his mind and body that it required six men to hold him until the hypodermic which was given him took effect.

The medical testimony throws some light upon this case, and we quote it as set out in appellant's brief. On direct examination, Dr. E. E. Cahal testified in substance as follows: I am a physician located within six blocks of the Chapman Price Steel Company; a graduate of the Indiana University School of Medicine in the year 1914, and since that time have been practicing in Indianapolis, except for one year, when I was interne at the City Hospital. I was called to the Chapman Price Steel mill June 12, between 4 and 4:30, to see Raymond Bertels, and found him...