Henderson v. Pate Stevedoring Co.
| Decision Date | 17 March 1943 |
| Docket Number | No. 10394.,10394. |
| Citation | 134 F.2d 440 |
| Parties | HENDERSON, Deputy Commissioner, Employees' Compensation Commission, v. PATE STEVEDORING CO. et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Percy C. Fountain, of Mobile, Ala., for appellant.
D. R. Coley, Jr., Richard H. Inge, and T. E. Twitty, all of Mobile, Ala., for appellees.
Before SIBLEY, HOLMES, and McCORD, Circuit Judges.
The appeal is from a judgment setting aside and enjoining enforcement of a compensation order of the Deputy Commissioner awarding death benefits to the surviving widow of a longshoreman under the provisions of the Longshoremen's and Harbor Workers' Compensation Act, 44 Stat. 1424, 33 U.S.C.A. § 901 et seq.
On March 2, 1940, from seven o'clock in the morning until the lunch hour, and from after the lunch hour until one-thirty or two o'clock in the afternoon, Otis Hall, a longshoreman employed by Pate Stevedoring Company, was engaged with other workers in unloading bulk salt cake from the hold of a ship docked at the Port of Mobile, upon the navigable waters of the United States. In this work Hall used a pick to break the salt cake so that it could be shoveled into baskets and removed from the hold. After the unloading of the salt cake had been completed, the employer shifted the employees to another hold and put them to work stowing barrels of rosin weighing in excess of five hundred pounds each. When the barrels were lowered into the hold, Hall helped roll them to the place where they were to be set up and stacked. While engaged in rolling one of the barrels, he slumped over the barrel and complained of being sick and of having cramps in the stomach and hands. He was then removed from the vessel to his home. Before the doctor arrived, he was removed to the hospital, but died en route.
Hall had made no complaint of ill health prior to the day of his death, and was apparently well and able. Employees working with him testified that the holds where they were working were hot, and that the breaking of the salt cake and rolling of the barrels of rosin was hard manual labor.
An autopsy revealed that Hall had a pre-existing heart condition, chronic myocarditis. Other findings were of hemorrhagic gastritis, acute dilation of the stomach, bilateral pulmonary edema, chronic cholecystitis, chronic appendicitis, and syphilis. Dr. I. Milton Wise, who performed the autopsy, was of opinion that the cause of death was heart failure — pulmonary edema and myocarditis, "the Cardiac failure being caused by the Acute Hemorrhagic Gastritis and Acute Dilation of the Stomach". The death certificate signed by Dr. H. S. J. Walker states the cause of death as
The Deputy Commissioner found that the hard manual labor and the conditions under which Hall was working materially aggravated his...
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