Moon's Dependents v. Erwin Mills, Inc., 42376
| Decision Date | 08 October 1962 |
| Docket Number | No. 42376,42376 |
| Parties | DEPENDENTS of J. E. MOON, Deceased, v. ERWIN MILLS, INC., et al. |
| Court | Mississippi Supreme Court |
Morse & Morse, Poplarville, for appellant.
Riddell & Dabbs, Quitman, for appellees.
The deceased employee, John E. Moon, was a white man forty-three years of age at the time of death of December 31, 1958. Mr. Moon had been working since 1945 for the Erwin Mills, Inc. at Stonewall, Mississippi, as office manager, and his duties were supervision of the shipping and payroll departments. He was married to Mrs. Martha Jean Moon and they had three children, all of whom are claimants.
The attorney-referee held that the employee suffered a heart attack, and that the same arose out of, and in the course of, his employment, but we do not think that there was any proof whatsoever that the death of the employee arose out of and in the course of his employment. He died in his bed at home, neither working for nor being on the premises of his employer.
The attorney-referee, in his written opinion, reviewed the testimony given before him in the case, and on appeal to the full Commission, it was found by the Commission that the findings of the attorney-referee were substantially correct. We think the Commission meant by this that the attorney-referee had substantially and fairly stated the testimony, but the Commission found that, nevertheless, that is to say, assuming that findings of the attorney-referee as to what the proof showed were correct, it was not a compensable claim under the law. The claim was not supported by any presumption under the Workmen's Compensation law that an employee found dead on the job is presumed to have died in the course of his employment and as a result thereof.
The Commission was warranted in believing from the medical testimony that the employee died of a myocardial infarction and was suffering through a period of time beginning approximately two or three days prior to his death from a pain in his chest, a feeling of smothering and pain in his arm, that he did not work on the day of his death but went to the place of business of the employer, had his blood pressure checked by a nurse at the plant, and shortly thereafter telephoned his wife to come and take him home, which was after twelve o'clock and he died between one and two o'clock of the same day.
It is true that the Commission in its finding mentioned the fact that he had undergone no...
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Bruton v. Mississippi Workmen's Compensation Commission
...Harbert Constr. Corp. v. Hughes, 250 Miss. 858, 168 So.2d 506 (1964) and cases cited therein. In Dependents of Moon v. Erwin Mills, Inc., 244 Miss. 573, 578, 145 So.2d 465, 466 (1962), we pointed out that the Commission is the trier of facts and it is the Commission's findings of fact which......
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Day-Brite Lighting Div., Emerson Elec. Co. v. Cummings, DAY-BRITE
...supported by substantial evidence. This role of the commission as the trier of fact was further emphasized in Moon v. Erwin Mills, Inc., 244 Miss. 573, 145 So.2d 465 (1962). The respective roles of the commission and the AJ derive from the fact that jurisdiction in workmen's compensation ca......