Guthrie v. Iowa Gas & Elec. Co.

• Decision Date: 25 June 1925
• Docket Number: No. 36382.,36382.
• Citation: 204 N.W. 225,200 Iowa 150
• Court: Iowa Supreme Court
• Parties: GUTHRIE ET AL. v. IOWA GAS & ELECTRIC CO. ET AL.

200 Iowa 150

204 N.W. 225

GUTHRIE ET AL.

v.IOWA GAS & ELECTRIC CO. ET AL.

No. 36382.

Supreme Court of Iowa.

June 25, 1925.

Appeal from District Court, Washington County; Chas. A. Dewey, Judge.

This case involves an application for an award under the Workmen's Compensation Act (Code 1924, §§ 1361-1422). The Industrial Commissioner allowed an award, which, on appeal to the district court, was affirmed. Reversed and remanded.Miller, Kelly, Shuttleworth & McManus, of Des Moines, for appellants.

Livingston & Eicher, of Washington, Iowa, for appellees.

FAVILLE, C. J.

The workman, Robert Guthrie, was employed as a tender to a brick mason, who was engaged in the construction of a chimney at the time of the injury complained of. On March 1, 1917, while so employed, Guthrie was struck on the left knee by a hod of brick. It appears that the rope with which the hod of brick was being hoisted was jerked by an employee, and caused the hod of brick to bound back and strike Guthrie on the left knee. There was some pain at the immediate time of this injury, but, after a short rest, Guthrie resumed his duties and continued with his work and remained at such employment regularly for a period of approximately two months, when the employment terminated.

On February 27, 1923, Guthrie filed his application for arbitration, setting up the injury to his knee in March, 1917, and alleging that, “as the direct result of the injury aforesaid tuberculosis set in, by reason of which injured has been totally and permanently disabled since August, 1919.” The arbitration hearing was held in September, 1923, and some time since said date Guthrie died of tuberculosis, and his administratrix has since been appointed and substituted as claimant in this cause. No claim is made for the death of Guthrie, nor is it contended that his death resulted from the injury complained of. The claim is for injury to the knee, producing a loss of the use of the leg.

The workman was attended by a physician some time during the year 1919, and on March 31, 1920, was examined by the professor of orthopædic surgery at the University Hospital, at Iowa City, and on May 3, 1920, an operation was performed, which consisted of a resection of the knee joint, the necessity of which was caused by an infection of tuberculosis. In July, 1922, the limb was amputated.

The important question in the case is whether or not it can be fairly held, under the record, that there was proof of a causal connection between the injury to the knee by the blow from the hod of brick, and the tubercular infection of the knee joint.

[1][2] There is practically no dispute whatever in the evidence in the case. We have repeatedly held that where the evidence in a case of this kind is in conflict the finding of the Industrial Commissioner upon disputed facts is binding upon us; but where the facts are not in dispute it is within the province of this court to review the conclusion of the Commissioner, based upon such undisputed facts, and to determine whether or not there is “sufficient competent evidence in the record to warrant the making of the order or decision.” Code of 1924, § 1453.

We therefore turn to the facts in this case. These show, without dispute, that Guthrie received a blow on the left knee from a swinging hod of brick, some time in March, 1917. The injury was painful at the time and from and after this date Guthrie intermittently suffered some pain. He continued his work for the company with which he was employed until the job on which he was then engaged was completed. Thereafter he went to work for a coal company, hauling coal, and worked for said company for some time; the exact dates not appearing in the record. In the spring of 1919 he was attended by a physician, who testified that he found Guthrie “suffering quite a little pain in one knee, and some general little pains over the body, but mostly referred to this one knee joint.” The doctor so employed gave Guthrie treatment, and he steadily grew worse, and finally became entirely bedridden. The doctor testified that he diagnosed the disease as synovitis, and that he probably also had arthritis. In March, 1920, Guthrie was taken to Iowa City to the hospital, and on April 3 of that year an operation was performed upon the knee, which disclosed that it was infected with tuberculosis, and about two years later the leg was amputated. Guthrie died of tuberculosis of the lungs some time after September, 1923, the exact date of which does not appear in the record.

The physician who treated Guthrie testified, in answer to a hypothetical question respecting the condition in which he found Guthrie, in March, 1919, as to the cause of such condition, that he thought it was a result of the blow. He testified that he could not tell what caused the condition except by what had been told him; that he could not tell whether it resulted from the blow or from something else. He said it might have been caused from the blow, or it might have been from a sprain.

The claimant's case rests chiefly upon the testimony of Dr. Steindler of the orthopædic hospital at Iowa City, who testified, in answer to a hypothetical question, that he “should think that the injury could be considered as a contributing factor to the development of the tuberculosis of the knee.” He further testified:

“Q. You couldn't say the injury, if there was one in March, 1917, contributed to this condition as a fact? A. I couldn't say positively that it did contribute; I only could say it might contribute, and did say it might be a contributing factor. Q. At the same time it might not? A. Yes, sir. Q. In other words, might be either one? A. Yes, sir.”

He further said:

“Q. You don't know how long this man had tubercular bacilla in his system? A. No. Any statement you make how long it had been there would be guesswork, wouldn't it, doctor? A. Yes, sir.”

He also testified:

“Q. Do you frequently have cases where tuberculosis is manifested in a joint following an injury? A. We have. Q. Did you have sufficient observation of this particular case to form an opinion whether or not this particular tubercular joint resulted from a trauma injury? A. None but the statement of the patient. Q. Considering the statement or taking into account his statement or history which he gave you, with that history and with your knowledge of the case, obtained from actual contact with the case, did you form an opinion as to whether or not the injury was in any wise responsible for the tubercular joint? A. Assuming the statement was correct as the patient gave it to us, we were inclined to think the trauma had something to do with bringing about the manifestation out in the open. Q. Assuming that the injury was sustained in March, 1917, would that be consistent with the condition of the knee found at the time of the operation, assuming that the injury was responsible for the condition? A. Yes, sir; it could be. * * * Q. At the time he was discharged to Oakdale he had tubercular condition existing where? A. Lungs. Q. Does that necessarily result from this other? A. No; it is more likely that this other resulted from tuberculosis of the lungs. * * * Q. He had tuberculosis of the lungs in the first place? A. Yes, sir; we don't consider tuberculosis of the joint primary tuberculosis; we consider that secondary tuberculosis. Q. You consider he had tuberculosis of the lungs before? A. Yes, sir. * * * Q. Might this knee condition, that you found at the time of the operation, have been present in the patient without any injury or accident whatever? A. Yes, sir. Q. Could you tell from the condition you found whether there had been an injury or what kind of an injury there had been? A. No.”

Also he testified:

“Q. From this condition you found you couldn't tell whether or not there...