National Rolling Mill Company v. Kish

• Decision Date: 29 May 1923
• Docket Number: 11,625
• Citation: 139 N.E. 454,80 Ind.App. 331
• Parties: NATIONAL ROLLING MILL COMPANY ET AL. v. KISH
• Court: Indiana Appellate Court

139 N.E. 454

80 Ind.App. 331

NATIONAL ROLLING MILL COMPANY ET AL. v. KISH

No. 11,625

Court of Appeals of Indiana

May 29, 1923

Rehearing denied October 2, 1923.

From the Industrial Board of Indiana.

Proceedings under the Workmen's Compensation Act by Emma Kish against the National Rolling Mill Company and others. From an award for the former, the latter appeals.

Affirmed.

Joseph W. Hutchinson, for appellants.

Curtis G. Shake and Joseph W. Kimmell, for appellee.

OPINION

ENLOE P. J.

On the trial of this cause it was stipulated,--that on March 16 1922, one John Kish received an injury from an accident arising out of and in the course of his employment, while employed by appellant National Rolling Mill Company; that the said employer had knowledge thereof and furnished medical treatment; that the average weekly wage of said John Kish was $ 15.60; that on April 3, 1922, an agreement was entered into between said employe and said employer, under which, said employer agreed to pay said employe at the rate of $ 8.58 per week during total disability, not exceeding 500 weeks, beginning on March 23, 1922; that said agreement was approved by the Industrial Board on April 8, 1922; that, under said agreement, compensation was paid up to the time of the death of John Kish, May 12, 1922, in the amount of $ 60.06; that the hearing of this cause before the Industrial Board was to determine whether or not the death of John Kish was the result of the injuries received by him, as aforesaid, on March 16, 1922, and, if so, who, if any, are his dependents.

It appears from this record, that after his injury, the deceased employe was attended by the physician employed by the appellant National Rolling Mill Company; that such physician called into consultation, over the case, another physician and surgeon; that, after an examination of said employe, the said doctors advised that a surgical operation be performed, as a part of the treatment of said employe; that the employe submitted to such surgical operation, and died from post-operative shock.

It also appears from this record that after said Kish was injured, an X-ray was made, and from an examination of this plate, the attending physician and the surgeon, whom he called into consultation, concluded that said Kish was suffering from "a large stone in the upper bowel of the right kidney," which condition they attributed to his said injury of March 16, and...