McGuire v. Universal Gear Corp.

• Decision Date: 16 January 1939
• Docket Number: No. 16216.,16216.
• Citation: 106 Ind.App. 107,18 N.E.2d 474
• Parties: McGUIRE v. UNIVERSAL GEAR CORPORATION.
• Court: Indiana Appellate Court

106 Ind.App. 107

18 N.E.2d 474

McGUIRE

v.UNIVERSAL GEAR CORPORATION.

No. 16216.

Appellate Court of Indiana, in Banc.

January 16, 1939.

Appeal from Industrial Board.

Proceeding under the Workmen's Compensation Act by Emma McGuire, claimant, for the death of her husband, Frank R. McGuire, employee, opposed by the Universal Gear Corporation, employer. From an award of the Industrial Board denying compensation, after finding for claimant by a single member, claimant appeals.

Affirmed.H. Ray Condrey, of Indianapolis, and Harney F. Semones, of Danville, for appellant.

Ralph B. Gregg and Edw. J. Fillenwarth, both of Indianapolis, for appellee.

LAYMON, Judge.

On the 27th day of December, 1937, appellant filed her application for the adjustment of a claim for compensation with the Industrial Board of Indiana, alleging, among other things, that Frank R. McGuiredied on December 20, 1937, as the proximate result of personal injuries received by him on July 17, 1936, by reason of an accident arising out of and in the course of his employment with appellee, and that said decedent left surviving him, as his only dependent, the appellant, his wife.

The cause was first submitted for hearing before a single member of the board who found for appellant and awarded compensation. Upon review, the full board, among other things, found by a majority of its members “that the death of the said Frank McGuire was not due directly or indirectly to any accidental injury arising out of and in the course of his employment with the defendant.” The board entered an award denying appellant compensation, and it is from this award that appellant has appealed, assigning as error that it is contrary to law.

[1] The principal question presented by this appeal is whether or not there is any evidence to sustain the finding that the death of appellant's decedent was not due directly or indirectly to any accidental injury arising out of and in the course of his employment with appellee. It must be conceded, under numerous decisions of this court, that such question was one of fact to be determined by the board, and if there is any competent evidence in the record to sustain such finding, the award cannot be disturbed.

The record discloses that a number of medical witnesses testified, and considerable medical testimony was submitted upon the question of whether decedent's injuries contributed to or resulted in his death. A careful examination of the evidence discloses that...