Maddox v. Buice Transfer & Storage Co.
| Decision Date | 02 May 1950 |
| Docket Number | No. 2,No. 33022,33022,2 |
| Parties | MADDOX v. BUICE TRANSFER & STORAGE CO. et al |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
The burden of proof is on the claimant in cases arising under the Workmen's Compensation Act to establish the fact that the employee has sustained an accidental injury such as is contemplated by the act. Where the evidence as to the cause of the death of the employee is in conflict, and the Board of Workmen's Compensation finds as a fact that this burden has not been carried, the courts are bound thereby, and the finding of fact of the single director that the claimant is not entitled to compensation will not be reversed by this court.
Magnolia Maddox, as the widow of Dock West Maddox, filed a claim for death benefits with the State Board of Workmen's Compensation against Buice Transfer and Storage Company, the employer of her deceased husband, and Liberty Mutual Insurance Company, its insurance carrier. The claim was denied by the single director before whom the evidence was presented, and his decision was affirmed by the full Board, and affirmed on appeal by the Judge of the Superior Court of DeKalb County.
The undisputed evidence showed that Maddox was employed by the storage company to assist in the moving and storage of furnishings generally; that this was heavy work and often involved moving coal, pianos, refrigerators, and so on; that he was a strong man; that he did not, prior to his death, complain of his physical condition; that he had worked the day before with the regular moving crew; that at about 11:00 a. m. on September 7, 1948, he and another man took a load to Agnes Scott College; that the load was light, consisting of several cartons and foot lockers and two trunks, the trunks weighing between 75 and 125 pounds and the other articles averaging between 25 and 50 pounds; that some of these were carried upstairs and some taken up the elevator, which was pulled by hand; that Maddox made no complaint at that time; that he had previously borrowed money from his employer and asked permission to be driven in to Atlanta to pay his house rent and, immediately after delivering the articles the driver of the truck took him to a real estate office in Atlanta, where he remained a few minutes. They then returned to Decatur, the driver leaving him near a filling station where he wished to go for the purpose of telling his nephew about the rent transaction; that this was at about 12:30 p. m.; that Maddox walked in to the filling station, asked for a drink of water, and collapsed immediately afterwards; that he had a severe pain in his chest at that time; that he was taken to Grady and died approximately five hours later.
The claimant's physician, a specialist in heart diseases, stated from the history and autopsy that the deceased died as a result of coronary thrombosis or myocardia infarction; due to the presence of a clot in the coronary artery; that in his opinion the deceased's arteries were diseased and the heavy work which he did precipitated the attack. The physician testifying for the defendant agreed as to the cause of death but testified positively that in cases of that type physical exertion brings on a heart attack immediately; that if the attack in question did not occur until more than an hour following the exertion it could not have been caused by the work incident to moving the trunks and cartons in the manner described.
Dobbs & McCutchen, Atlanta, for plaintiff in error.
Harry L. Greene, Atlanta, Neely, Marshall & Greene, Atlanta, for defendnat in error.
TOWNSEND, Judge (after stating the foregoing facts).
The mere fact that the heart attack from which the claimant's husband died occurred at a moment when he was attending to personal business, rather than a few minutes earlier when he was engaged in the course of his employment is not in and of itself sufficient upon which to predicate a denial of compensation....
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