Goshen Veneer Co. v. Cozzi
| Decision Date | 17 June 1931 |
| Docket Number | 14,273 |
| Citation | 176 N.E. 634,93 Ind.App. 160 |
| Parties | GOSHEN VENEER COMPANY v. COZZI ET AL |
| Court | Indiana Appellate Court |
Rehearing denied October 6, 1931.
From Industrial Board of Indiana.
Proceeding under the Workmen's Compensation Act by Ruth Cozzi and others as widow and children of Stanley Cozzi, deceased employee of the Goshen Veneer Company. From an award in favor of claimants, the employer appealed.
Affirmed.
L. A Krebs and James L. Murray, for appellant.
Ray Deahl, for appellees.
Appellees, the widow and children of Stanley Cozzi, filed their application for compensation against appellant, Goshen Veneer Company, before the Industrial Board of Indiana, under "The Indiana Workmen's Compensation Act of 1929" (Acts 1929 p. 536), alleging, among other things, that said Stanley Cozzi died on October 18, 1929, as a proximate result of personal injury received by him on or about September 20, 1929, by reason of an accident arising out of and in the course of his employment by said appellant.
The case was submitted to the Industrial Board, and, after a hearing by a member of said board, compensation was awarded to appellees, and, upon appellant's application for review by the full board, such board heard the cause, made its finding of facts, and entered an award in favor of appellees, from which this appeal is taken. The appellant assigns as error that the award is contrary to law.
The facts as found by the full Industrial Board are as follows: "That, on September 20th, 1929, one Stanley Cozzi was in the employ of the defendant at an average weekly wage in excess of $ 30; that on said date the said Stanley Cozzi received a personal injury as the result of an accident arising out of and in the course of his said employment, which accidental injury resulted in the death of the said Stanley Cozzi on October 18, 1929.
"That the said Stanley Cozzi left surviving him as his only dependents his widow, Ruth Cozzi, and his children, Ilah M. Cozzi, born January 17, 1928, and Stanley A. Cozzi, born June 21, 1929, all of whom resided with the deceased at the time of his death, and each of whom was wholly dependent on the said Stanley Cozzi for support at the time of his said accidental injury and death."
Appellant contends "that the evidence establishes the fact that the death of Stanley Cozzi was not the result of any accidental injury arising out of and in the course of his employment for the appellant, but that it was the result of a disease which had no connection with the alleged injury."
The evidence discloses that the deceased was employed by appellant, and that he, on or about September 20, 1929, while working for appellant at the duties of his employment, received a small cut on the middle finger of the right hand near the knuckle while operating a taping machine; that this injury was reported to his foreman, who directed him to report to the office and to see the company's doctor; that he did so, and his injury was treated by the company's doctor for approximately two weeks, during a part of the time twice a day, and most of the time daily; that the deceased continued working until October 9, following his injury, at which time he became too sick to continue at his work, and was confined to his home until October 14, when he was taken to the hospital, where he died on October 18, 1929, of staphylococcus septicemia, which, according to the medical testimony, is a general poisoning in the blood stream caused by the germ staphylococcus.
That the deceased was an employee of appellant, that he received the injury to his hand by accident arising out of and in the course of his employment, and that appellees were wholly dependent upon the decedent for support, is not disputed.
It is claimed by appellant that the death of the deceased employee was due to the staphylococcus infection, which, appellant insists, existed prior to the injury, and, for proof of this...
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