Franks v. Goyer Co.

• Decision Date: 12 January 1959
• Docket Number: No. 40984,40984
• Citation: 108 So.2d 217,234 Miss. 833
• Parties: Mrs. Mae FRANKS, Dependent of Robert Bert Franks, Sr., Deceased, v. The GOYER COMPANY et al.
• Court: Mississippi Supreme Court

Page 217

108 So.2d 217

234 Miss. 833

Mrs. Mae FRANKS, Dependent of Robert Bert Franks, Sr. Deceased, v. The GOYER COMPANY et al.

No. 40984.

Supreme Court of Mississippi.

Jan. 12, 1959.

Fountain D. Dawson, Greenville, for appellant.

Fairsh, Keady & Campbell, Greenville, for appellees.

HALL, Justice.

Robert Bert Franks, Sr., was in the employment of appellee at its branch in Cleveland, Mississippi. His duty was to drive a gasoline tank truck and make deliveries of gasoline in that vicinity as well as oil grease and tires. At times he was called on to deliver diesel fuel at farms and this required him to fill and handle cans of such fuel. On September 6, 1955, while returning to the company's place of business in Cleveland he drove across a railroad track near town and his truck struck a bump, and a severe pain hit him in the chest. He drove on back to the company's office and reported the matter to his superior, complaining of severe chest pains. The manager called for Dr. Oscar E. Ringold who was unable to come at the time and sent his associate Dr. Fitzgerald. He examined Mr. Franks, gave him a shot and sent him to the hospital where he remained for about ten days, during which time his trouble was diagnosed as pneumonitis virus, acute.

After his return to work Mr. Franks suffered another attack and Dr. Ringold was again called and he gave him another shot and sent him back to the hospital where he remained about ten days and was released under instructions to go home and rest which he did for about two or three weeks after which he returned to work. His trouble on this occasion was diagnosed as coronary insufficiency.

After he returned to work he had a third attack and was then sent by Dr. Ringold to Greenwood for an examination by Dr. Bright who kept him in a hospital for one week for study and diagnosis. He did not testify and his diagnosis does not appear in the record.

Mr. Franks continued with his employment, having intermittent attacks with his heart, and Dr. Ringold eventually diagnosed his trouble as angina pectoris with hypertension and arterio sclerosis, and his employer finally told him on April 2, 1956, that he was physically unable to work and laid him off. From that date on he held no employment and finally died on January 13, 1957. During all this time he never applied for compensation benefits. His widow and sole dependent filed a claim for death compensation on September 7, 1957.

In passing on this case the attorney-referee pointed out that Dr. Ringold was the only medical witness and he testified that in his opinion the work of the deceased might have aggravated the conditions causing his death, that the attacks were possibly related to his work, that the work could have been one of the contributing factors, but that he could not say that the work caused such condition. The attorney-referee concluded his findings with the statement that when all the evidence is considered, 'I am of the opinion that the death of Robert Bert Franks, Sr., was causally related to the activities of his employment from September 6, 1955, to April 2, 1956', and accordingly he awarded death benefits as provided by the Compensation Act, Code 1942, Sec. 6998-01 et seq. This order is dated December 17, 1957. On appeal to the Commission, that body by a majority vote on March 10, 1958, reversed the attorney-referee and denied the claim, and on appeal to the Circuit Court it affirmed the action of the Commission on April 9, 1958, from which the widow appeals here, contending that she is entitled to have the opinion of the attorney-referee reinstated.

In Larson on Workmen's Compensation, Vol. 1, page 564, paragraph 38.83, in discussing the question of medical causation in heart cases, the author says: 'There must still be an unexpected result, and there must still be an exertion--some exertion--capable medically of causing the collapse. This can by no means be taken for granted. * * * The natural progress of the disease may bring it to its fatal climax during working hours, but if the employee's activity at the time involves no effort, or effort which cannot support medically a causal...