Cripps v. Union May Stern Co.

• Decision Date: 04 May 1937
• Docket Number: No. 24212.,24212.
• Citation: 104 S.W.2d 683
• Parties: CRIPPS et al. v. UNION MAY STERN CO. et al.
• Court: Missouri Court of Appeals

104 S.W.2d 683

CRIPPS et al. v. UNION MAY STERN CO. et al.

No. 24212.

St. Louis Court of Appeals. Missouri.

May 4, 1937.

Appeal from St. Louis Circuit Court; Robert J. Kirkwood, Judge.

"Not to be published in State Reports."

Proceeding under the Workmen's Compensation Act by Mildred Cripps, for the death of William Cripps, her husband, and another, claimants, opposed by the Union May Stern Company, employer, and the Liberty Mutual Insurance Company, insurance carrier. From a judgment of the circuit court affirming the final award of the Workmen's Compensation Commission, denying compensation, the claimants appeal.

Affirmed.

August J. Springmeier, of St. Louis, for appellants.

Woodward & Evans, of St. Louis, for respondents.

BECKER, Judge.

This is an action for compensation under the Missouri Workmen's Compensation Act (Mo.St.Ann. § 3299 et seq., p. 8229 et seq.).

On April 9, 1934, William Cripps, while working as repairman for the Union May Stern Company in St. Louis, repairing stoves in the basement at its place of business, in the course of his employment, struck his head against a wooden girder, causing him injury, for which he was paid compensation as for disability ending April 22, 1934, amounting to $14.57, and a final report and receipt for compensation, duly signed by Cripps, was filed with the Missouri Workmen's Compensation Commission, receipt and approval thereof being acknowledged on August 3, 1934, by said commission.

After April 22, 1934, Cripps returned to his employment and worked steadily until the latter part of February, 1935, missing during that period of time but one or two working days. He died April 6, 1935.

Thereafter, on April 11, 1935, Mildred Cripps, his widow, filed her claim for compensation for the death of her husband, William Cripps, on the theory that his death was the result of the accident that Cripps had suffered on April 9, 1934.

The referee before whom the claim was heard held that the employee's death resulted from the accident, but on review the commission made a final award reversing the referee and denied claimant compensation, finding "from the evidence that employee's death was neither caused nor aggravated by the accident of April 9, 1934, * * * that said death was caused solely by disease which had no connection with his employment."

Claimant appealed from this final award to the circuit court, where the findings of the commission were affirmed. In due course claimant brings this appeal.

In appellants' brief it is stated that "the primary question raised by this appeal is whether there is sufficient competent evidence in the record to justify the award made by the deputy commissioner. The dependent's (appellant herein) evidence showed that even though the man suffered from disease, yet the blow on the head was of such magnitude that a man who is able to do his work regularly is rendered in such physical condition that a decline in his health was very noticeable by the best party to observe that fact, his own wife."

The original finding of the referee is not an issue on this appeal in light of sections 3341 and 3342, Rev.St. of Mo.1929 (Mo.St.Ann. §§ 3341, 3342, pp. 8274, 8275), as has been specifically pointed out by us in State ex rel. Kenney v. Missouri Workmen's Compensation Commission, 225 Mo. App. 501, 40 S.W.(2d) 503.

The question before us on this appeal is whether or not there is sufficient competent evidence in the record to sustain the finding of the commission that the employee's death was neither caused nor aggravated by the accident of April 9, 1934, and that said death was caused solely by disease which had no connection with his employment.

In the absence of fraud, the finding of facts made by the commission within its powers is conclusive and binding, and has the force and effect of the verdict of a jury. Leilich v. Chevrolet Motor Co., 328 Mo. 112, 40 S.W.(2d) 601; Jones v. Century Coal Co. (Mo.App.) 46 S.W.(2d) 196; Kinder v. Hannibal Car Wheel & Foundry Co. (Mo.App.) 18 S.W.(2d) 91.

In determining whether the commission's award was justified by the evidence, on appeal the court considers only the evidence most favorable in support of such award, together with all reasonable inferences which may be drawn therefrom to support the conclusion of the commission, and disregards any unfavorable testimony where it is contradicted by evidence supporting the conclusion of the commission. Crutcher v. Airplane Mfg. Co., 331 Mo. 169, 52 S.W.(2d) 1019; Probst v. Basket & Box Co. (Mo.App.) 52 S.W.(2d) 501; Jones v. Century Coal Co. (Mo.App.) 46 S.W.(2d) 196; Schulte v. Tea & Coffee Co. (Mo.App.) 43 S.W.(2d) 832.

Our examination of the record, in light of what we have stated above, brings us to the conclusion that there is sufficient competent evidence therein to support the finding of the commission that Cripps' death was neither caused nor aggravated by the accident of April 9, 1934, and that his death was caused solely by disease which had no connection with his employment.

Our conclusion is based upon the testimony of Dr. Hillel C. Unterberg, a specialist in nervous and mental diseases since 1903, who testified he was associate professor in nervous and mental diseases at St. Louis University School of Medicine; neurologist to St. Anthony's Hospital; to the Missouri Pacific Railroad Hospital; consulting neurologist to the U. S. Marine Hospital; to the U. S. Veterans' Bureau; to the Deaconess Hospital; chief of the neurological department of Alexian Bros. Hospital; consulting neurologist at State Hospital No. 1, at Fulton, Mo.; and medical director of Oakland Park Hospital. He testified that...