Norris v. Industrial Commission

• Decision Date: 22 October 1936
• Docket Number: 5657
• Court: Utah Supreme Court
• Parties: NORRIS v. INDUSTRIAL COMMISSION et al

61 P.2d 413

90 Utah 256

NORRIS v. INDUSTRIAL COMMISSION et al

No. 5657

Supreme Court of Utah

October 22, 1936

Original proceeding under the Workmen's Compensation Act by Ione W. Norris, widow of Thomas E. Norris, deceased employee, on behalf of herself and Thomas E. Norris, Jr. minor son of deceased, opposed by the Industrial Commission of Utah, Publix Theatres Corporation, employer, and the Employers' Liability Assurance Corporation, insurance carrier, to review an order of the Industrial Commission denying compensation.

ORDER AFFIRMED.

Willard Hanson, of Salt Lake City, for plaintiff.

Joseph Chez, Atty. Gen., and Gustin & Richards, of Salt Lake City for defendants.

WOLFE Justice. ELIAS HANSEN, C. J., and FOLLAND and EPHRAIM HANSON, JJ., concur. MOFFAT, J., concurs in result.

OPINION

WOLFE, Justice.

Certiorari to the Industrial Commission to review an order denying compensation to Ione W. Norris, widow of Thomas E. Norris, the latter having died on January 13, 1934, from what the attending physician diagnosed as occlusion of the coronary artery. On December 9, 1932, while working for the Publix Theatres Corporation, Norris fell and among other severe injuries sustained a fracture of the right leg near the hip joint and injuries about the right knee. After removal of a cast extending from the ankle to the hip, which had been on for nine weeks, the right leg began to swell, accompanied with pains in the right knee. Norris for the next year and until his death suffered from this swelling. There is no dispute that it was caused by a thrombosis of the longus saphenous vein (one of the two large superficial veins of the leg), probably caused by an irritation of the vein, in turn probably caused by the accident or by the cast made necessary by the accident. Norris obtained compensation for total temporary disability and obtained an award for permanent partial disability of the right leg for 52 1/2 weeks. There is no dispute involving these awards. The dispute arises on account of what subsequently happened. On January 3, 1934, about one year and one month after the accident, Norris was taken to the hospital suffering with what was diagnosed as a fecal impaction with acute appendicitis. He was operated on and was apparently making good recovery until the morning of January 13th, when he was suddenly stricken with what the doctor diagnosed as a beginning thrombosis of the coronary artery, caused, it was surmised, by emboli. On the afternoon of January 13th he died. The attending physician gave in his report as the cause of death,

"Coronary artery occlusion; myocardial degeneration. Other contributing causes of importance, operation chronic appendicitis January 3rd, 1934; condition for which performed fecal impaction."

More accurately used, an occlusion seems to be the general term for a closing of the vein or blood vessel to the passage of the blood. It may be caused by a thrombosis or an embolus; a thrombosis, the plugging of a blood vessel through the formation of a clot or obstruction on the walls of the vessel or vein; an embolus, a plug which floats along until it becomes lodged so as to obstruct the passage of the blood. It consists usually of a clot of fibrin, a shred from a morbid growth, a globule of fat, air bubbles, or a micro-organism. Thrombosis and occlusion are often used interchangeably because a thrombus causes occlusion. An embolus or floating particle by attaching itself or becoming wedged may form a thrombosis or occlusion, but ordinarily a thrombus is caused by an inflammation of the walls of the vessel. In this case the cause of the death being conceded to be an occlusion of the coronary artery, the question was: Was it caused by an embolus which broke from the thrombosis of the longus saphenous vein of the right leg or from the appendicitis operation, or from some other cause? If from the first, the death would be traceable to the accident and the defendants would be liable. If from the second or third causes, it would not be traceable to the accident, at least with sufficient conviction to rise to the dignity of proof.

The Commission found that the death was caused by "coronary artery occlusion and myocardial degeneration. The contributing cause of importance was operation for chronic appendicitis on January 3rd, 1934." (Italics ours). On rehearing the decision was affirmed, but the findings did not include the specific sentence above italicized, but stated that it "was not caused by any accident or injury arising out of or in the course of the employment with the Publix Theatres Corporation, as heretofore found in its Findings of April 24th, 1934."

The applicant founds her appeal on the familiar contention that the "uncontradicted testimony clearly shows that said Norris died as a result of the injuries received on December 9th, 1932, while in the course of his employment and that the decision of the Industrial Commission is contrary to and not sustained by [any substantial] evidence." To this we cannot accede. A reading of the record convinces us that the commission might well have found that the death was caused by the accident. We are not prepared to say that the record does not show that the more probable cause of the coronary occlusion was the breaking away of...