Croy v. McFarland-Brown Lumber Co., 5667
Decision Date | 03 July 1931 |
Docket Number | 5667 |
Citation | 51 Idaho 32,1 P.2d 189 |
Court | Idaho Supreme Court |
Parties | MRS. CARRIE CROY, Claimant and Respondent, v. MCFARLAND-BROWN LUMBER COMPANY, Employer, and AETNA CASUALTY & SURETY COMPANY, Surety, Appellants |
WORKMEN'S COMPENSATION LAW-COMPENSABLE INJURY-BURDEN OF PROOF-EVIDENCE-INDUSTRIAL ACCIDENT BOARD-FINDING CONCLUSIVENESS.
1. Compensation claimant has burden to prove deceased suffered accident arising out of and in course of employment (C. S sec. 6213 et seq., as amended).
2. Findings of Industrial Accident Board will not be disturbed on review, if supported by competent evidence.
3. Though accident within Workmen's Compensation Law may be slight and untoward circumstances meager, there must be some distinctive unexpected happening (C. S., sec. 6213 et seq. as amended).
4. To constitute accident "arising out of and in course of employment," within Compensation Law, there must be probable, and not possible, connection between cause and effect (C. S., sec. 6213 et seq., as amended).
5. Evidence held insufficient to establish accidental injury to employee or causal connection between injury and death within Compensation Law, occurring while climbing hill in woods and carrying heavy load (C. S., sec. 6213 et seq., as amended).
APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. Everett E. Hunt, Judge.
Proceeding under Workmen's Compensation Law. Judgment reversing order of Industrial Accident Board denying compensation. Reversed.
Reversed.
Harry M. Morey and R. M. Cummins, for Appellants.
The burden is on the claimant, in compensation cases just as in common-law actions, to prove his case, that is, to prove that there was an injury by accident arising out of and in the course of the employment, and in the event of death, that the death resulted from said injury. (Singlaub v. Industrial Acc. Com., 87 Cal.App. 324, 262 P. 411; Aetna Life Ins. Co. v. Industrial Com. of Utah 64 Utah 415, 231 P. 442; 28 R. C. L., p. 812, par. 99; Hawkins v. Bonner County, 46 Idaho 739, 271 P. 327; Larson v. Ohio Match Co., 49 Idaho 511, 289 P. 992.)
Myrvin Davis, for Respondent, cites no authorities on points decided.
This appeal is from a judgment of the district court awarding compensation, reversing an order of the Industrial Accident Board, denying compensation.
The material testimony was as follows:
Mrs. Croy stated her husband (the employee for whose death compensation is sought) was as a rule always healthy, and had not had any trouble she knew of; about a week before Christmas (December 15, 1928) he came home in an automobile from work in the woods, walked into the house, said he had "had that spell," and complained about his head being "woozy," and hurting him; he went to the hospital; no doctor was there, and the nurse gave him some pills and a bottle of medicine, told him to go home and to bed, which he did, and she (his wife) rubbed him with liniment, which did him more good than medicine. He stayed home a week sitting up, and then returned to work (December 31, 1928); that his head still felt "woozy," otherwise he felt good.
Mike Doyle said he was working with Mr. Croy in December; going to work they each carried a crowbar, pick, chopping axe, and lunch, all weighing about forty pounds, and right after breakfast had walked up a steep road about twenty per cent, for three-quarters of a mile, when they stopped to rest; the witness saw Mr. Croy fall headlong under a pile of poles by the road side; that is into a little bit of a dip between the skids (under the poles); a little depression under the poles into quite a little snow (the poles did not fall on Mr. Croy); that Mr. Croy was unconscious and had a little bruise on his nose, and a little blood on his nose which did not amount to much (in his oral argument, counsel for claimant did not contend the striking of the nose, if it did strike the poles, was an, or the, accident which would authorize compensation); several came up, and all worked about three-quarters of an hour on Mr. Croy, when he gasped a little, and finally regained consciousness; he was picked up and taken in a dray or little low sled, to the foot of the hill and then in an automobile to his home.
Another of Mr. Croy's fellow workmen, F. N. LeFeur, testified that the morning Mr. Croy died (January 12, 1929), after breakfast about 6:30, they went up a pretty steep road (the same traveled by Croy and Doyle), over which logs and supplies were hauled, and traveled by some automobiles; and on arriving at their destination, before starting to saw, took off their coats, about twenty to forty feet apart, when the witness saw Mr. Croy fall, making a noise something like a gasp. The witness quickly went to Croy, and tried to help him; worked his arms and legs and rubbed the back of his neck. Mr. Croy did not give very much sign of life, only once opened his eyes a little bit; the witness asked him if he was getting better; his eyes went shut and he did not open them any more; at witness' call, help came, but Mr. Croy never regained consciousness at all.
Dr. Stackhouse, the only physician called, testified for the claimant (the appellants introduced no evidence) as follows:
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