Goaslind v. City of Pocatello

• Decision Date: 08 May 1940
• Docket Number: 6791
• Citation: 61 Idaho 435,102 P.2d 650
• Parties: IDA GOASLIND, Respondent, v. CITY OF POCATELLO and STATE INSURANCE FUND, Appellants
• Court: Idaho Supreme Court

102 P.2d 650

61 Idaho 435

IDA GOASLIND, Respondent, v. CITY OF POCATELLO and STATE INSURANCE FUND, Appellants

No. 6791

Supreme Court of Idaho

May 8, 1940

WORKMEN'S COMPENSATION-OCCUPATIONAL DISEASE-CARBON MONOXIDE POISONING.

1. Where death of employee results from occupational disease recovery of compensation may be had only because of the onslaught of such disease and not by reason of accidental injury. (I. C. A., sec. 43-1001, as amended by Sess. Laws 1939, chap. 161, sec. 1, and sec. 43-2104, as added by Sess Laws, 1939, chap. 161, sec. 2.)

2. The Occupational Disease Compensation Act is supplementary to Workmen's Compensation Law and likewise is to be liberally construed. (I. C. A., sec. 43-1001, as amended by Sess. Laws, 1939, chap. 161, sec. 1, and sec. 43-2104, as added by Sess. Laws, 1939, chap. 161, sec. 2.)

3. Under statute defining as an "occupational disease" carbon monoxide poisoning incurred in any process or occupation involving direct exposure to carbon monoxide in buildings, sheds, or enclosed places, "enclosed places" include other places than buildings or sheds and was intended to include other than fixed loci. (I. C. A., sec. 42-2104, as added by Sess. Laws, 1939, chap. 161, sec. 2.)

4. Where grader propelled by a diesel motor was fitted with a canopy supported by four uprights, and exhaust pipe which extended through the metal top was broken off about even with driver's head, as a result of which carbon monoxide gas was deflected and inhaled by driver causing his death, roof of cab of grader constituted an "enclosed place" within statute defining carbon monoxide poisoning as an occupational disease resulting from exposure to carbon monoxide gas in "enclosed places" so as to authorize award of compensation for death of driver. (I. C. A., sec. 43-1001, as amended by Sess. Laws, 1939, chap. 161, sec. 1, and sec. 43-2104, as added by Sess. Laws, 1939, chap. 161, sec. 2.)

5. Where employee died as result of carbon monoxide poisoning while working in cab of a road grader, and compensation was awarded as for death resulting from an accidental injury, award was affirmed but cause was remanded with directions to fix a proper compensation for death under the Occupational Disease Compensation Act. (I. C. A., sec. 43-2107, as added by Sess. Laws, 1939, chap. 161, sec. 2.)

APPEAL from the Industrial Accident Board.

Appellants appeal from an order awarding respondent compensation for the death of her husband under the Workmen's Compensation Law. Cause affirmed but remanded to the board to make award under Occupational Disease Compensation Law.

Order affirmed in part, cause remanded with directions. Costs to respondent.

Clarence L. Hillman, for Appellants.

The rulings of law and orders of the industrial accident board must be based upon findings of fact that are based on substantial, competent evidence; and where, as in this case, there is no substantial, competent evidence that the decedent sustained a personal injury caused by an accident arising out of and in the course of his employment and that such injury caused by an accident resulted in carbon monoxide poisoning contracted in a building, shed or enclosed place, the said rulings and orders of the board for an award in favor of the employee and against the employer will be reversed and set aside. (I. C. A., secs. 43-1408, 43-1409 (as amended 1939 Sess. Laws, chap. 70); Const. V., 9, as amended (1937 Sess. Laws, p. 498); I. C. A., sec. 43-1001, as amended 1939 Laws, chap. 161, secs. 1, 43-1809, 43-1810; Ybaibarriaga v. Farmer, 39 Idaho 361, 228 P. 227; Evans v. Cavanagh, 58 Idaho 324, 73 P.2d 83; Cochran v. Gritman, 34 Idaho 654, 203 P. 289.)

Anderson, Bowen & Anderson, for Respondent.

This was an accident within the terms of the Workmen's Compensation Act. (Sullivan Min. Co. v. Aschenbach, 33 F.2d 1, certiorari denied, 280 U.S. 586, 50 S.Ct. 35, 74 L.Ed. 635.)

The death of Goaslind was not due to an occupational disease. ( Crowley v. Idaho Industrial Training School, 53 Idaho 606, 26 P.2d 180; Ramsay v. Sullivan Min. Co., 51 Idaho 366, 374, 6 P.2d 856; Reinoehl v. Hamacher Pole etc. Co., 51 Idaho 359, 6 P.2d 860.)

An occupational disease is one which inheres in the particular employment and cannot be prevented by reasonable means. ( Brown v. St. Joseph Lead Co., 60 Idaho 49, 87 P.2d 1000; Crowley v. Idaho Industrial Training School, supra; Ramsey v. Sullivan Min. Co., supra.)

Inhalations of poisonous gases, or dust, or other injurious substances by an employee while engaged within the scope of his employment and arising out of the employment is an injury by accident arising out of and in the course of his employment. ( Tomlanovich v. American Boston Min. Co. et al., 272 Mich. 493, 262 N.W. 293; Harrell-Davis Oil Co. v. State Industrial Com. et al., 175 Okla. 210, 51 P.2d 945; Schneider's Workmen's Compensation Law, vol. 6, Supp., p. 1075, sec. 208; Derleth et al. v. Roach & Seeber Co. et al., 227 Mich. 258, 198 N.W. 948, 36 A. L. R. 472; Kingsley v. Donovan, 169 A.D. 828, 155 N.Y.S. 801.)

GIVENS, J. Ailshie, C. J., and Budge, Morgan and Holden, JJ., concur.

OPINION

GIVENS, J.

William J. Goaslind had been employed for some four years prior to July 26, 1939, by the City of Pocatello as a driver of a grader propelled by a diesel motor. He drove on a platform on the grader covered by a metal top, 7 by 8 feet, supported by 4 uprights. The exhaust pipe from the motor was approximately a foot in front of the canopy or top of the cab in which Goaslind rode, extending vertically a foot above the metal top. In driving under trees the exhaust pipe had been broken at a place just about even with Goaslind's head and had been repeatedly repaired by him as part of his duties. On the day in question the pipe was broken and fumes therefrom were blown directly onto decedent who had to get out of the cab numerous times to secure relief from the effects of the gas fumes containing carbon monoxide gas. Such inhalation of carbon monoxide caused his death on the twenty-ninth. Upon application the board awarded compensation to the widow for the death of her husband as from an accidental injury.

If the last sentence in section 43-1001, as amended by section 1, chapter 161, 1939 Session Laws, page 287, construed together with section 43-2104 of section 2 of said 1939 Session Laws, being added as chapter 21 of the Workmen's Compensation Law, and the paragraph immediately following subsection 11 of section 43-2104 of the 1939 act, mean anything, they mean that where death of an employee results from an occupational disease, recovery may be had only because of the onslaught of such disease and not by reason of accidental injury. Carbon monoxide poisoning is defined by the statute ^[1] as an occupational disease and therefore recovery may not be sustained as for an accidental injury.

Chapter 161, 1939 Session Laws, supra, is supplementary to the industrial Workmen's Compensation Law and...