Miami Coal Company v. Luce

• Decision Date: 30 June 1921
• Docket Number: 11,046
• Citation: 131 N.E. 824,76 Ind.App. 245
• Parties: MIAMI COAL COMPANY v. LUCE
• Court: Indiana Appellate Court

131 N.E. 824

76 Ind.App. 245

MIAMI COAL COMPANY v. LUCE

No. 11,046

Court of Appeals of Indiana

June 30, 1921

From the Industrial Board of Indiana.

Proceedings for compensation under the Workmen's Compensation Act by Oka Luce against the Miami Coal Company. From an award for applicant, the defendant appeals.

Affirmed.

Will H Hays, Hinkle C. Hays, Alonzo C. Owens, W. Paul Stratton and John S. Taylor, for appellant.

Harold A. Henderson, for appellee.

OPINION

DAUSMAN, J.

The Industrial Board found that on April 26, 1920, one Walter G Luce received a personal injury by accident arising out of and in the course of his employment and resulting in his death on May 12, 1920. Compensation was awarded the widow as sole dependant. Appellant's only contention is that there is no evidence to sustain the finding that the workman's death resulted from the injuries occasioned by the accident.

The undisputed evidence discloses that at the time of the accident the workman was about forty-eight years of age; that he was in good health; that he had never suffered from stomach or bowel trouble; that he had worked almost every day for twenty-five years; and that he weighed 160 pounds. He was engaged in firing shots in the mine, and as the result of an explosion he was injured. Soon thereafter he was taken to a hospital at Terre Haute.

Dr. Knoefel described his condition as follows: "A very severe scalp wound on top of head, involving the pericranium; the scalp was both lacerated and burned; there were numerous small lacerations and minor burns on the face, arms, forearms, and hands; both ankles were fractured; the right ankle sustained a compound fracture, the wound in the soft structures being on the anterior surface and about three inches above the ankle.

In addition to the foregoing, the X-ray revealed a fracture of anterior surface of the left tibia at lower end; comminuted fracture of right leg involving tibia and fibula; and a possible fracture of the fourth cervical vertebra. There was much displacement of the fragments. He was in deep shock when admitted to the hospital. His pulse could not be felt, and the prognosis was very bad. On April 29, his general condition was very much improved. On the evening of May 11, he began vomiting and became very ill. He exhibited a marked degree of shock. This condition progressed and his death followed on the next day."

Other evidence establishes without contradiction that the unfortunate man was injured even to a greater extent. For a time he was unable to use either arm, but later he had some use of the left arm. His body generally was badly bruised. There were two perforations in his skull. He was unconscious and delirious nearly all the time. He was kept on a cot and on his back. He had nurses. Nearly all his food was in the form of soup, and he took very little of that. His wife was with him every day from 7 a.m. to 9 p.m.

When the man died at the hospital, Dr. Knoefel notified the coroner of Vigo county. Thereupon Dr. Danner, deputy coroner, proceeded to hold an autopsy. This he did without the knowledge of the wife. He stated that in his opinion the man "died from a mechanical obstruction of the bowels and his death was not due to any physical injury received in a coal mine."

Dr. Johnson, who accompanied the injured man to the hospital, stated:

"I saw Mr. Luce on the night following the injury, at St Anthony's Hospital. He was in bad condition from shock and had a severe laceration of the scalp which was also burned. He had burns of both forearms, and both legs were broken. I treated him for shock, cleaned up his scalp and sutured...