Rogers v. Williams
| Decision Date | 21 June 1954 |
| Citation | 196 Va. 39,82 S.E.2d 601 |
| Parties | HELEN M. ROGERS v. MRS. LUTHER WILLIAMS |
| Court | Virginia Supreme Court |
Timberlake & Smith, for the appellant.
McCormick & Hayes; Allen, Allen, Allen & Allen and Sidney L. Berz, for the appellee.
On August 9, 1952, Luther Williams suffered a compensable injury while working as a laborer on the farm of appellant, Helen M. Rogers. On September 3, 1952, a memorandum of agreement was executed pursuant to § 65-90, Virginia Code, 1950, between the claimant and his employer providing for the payment of compensation during the disability period, which agreement was duly approved by the Industrial Commission.
Williams died on October 29, 1952, of an acute heart attack and his widow, the appellee here, filed her claim for death benefits under the Workmen's Compensation Act, Chapter 5, § 65-62, Code of Virginia, 1950. The hearing commissioner heard the case and awarded the widow the statutory benefits. From this award the employer appealed, stating in her brief:
'The sole question on this appeal is whether there was sufficient evidence to support the finding that the death of Luther Williams on October 29, 1952, resulted from an accident which he suffered in the course of his employment by the appellant, Helen M. Rogers, on August 9, 1952.'
The facts disclose that Williams was tending cattle on Mrs. Rogers' farm when two bulls became enraged and in the melee which ensued Williams was crushed against a trailer by one of the animals. The blow and pressure inflicted to the anterior chest was of sufficient severity to interfere with breathing although Williams was not rendered unconscious.
On the evening of the accident Williams went to the office of Dr. C. H. Iden, complaining of severe chest pains, at which time a narcotic was administered and pain relieving drugs were given the patient. The following evening Dr. Iden was called to the Williams home where he found Williams nauseated and vomiting, his blood pressure below 100, and his pulse very slow. The doctor was suspicious that Williams was suffering from an ulcer and administered treatment for this condition.
On August 22, 1952, Williams again consulted Dr. Iden, complaining of severe chest pains, radiating into his arm. Nitroglycerine was administered and appeared to relieve what the physician then believed to be angina. On August 25th Williams was admitted to the hospital for a heart examination. X-ray revealed a duodenal ulcer, and electrocardiograms disclosed evidence of coronary insufficiency. The cardiologist discovered signs of infarction on September 8, 1952, and customary procedures were followed. On October 8th Williams was discharged from the hospital as 'symptom-free'. On October 28th he was brought back to the hospital suffering from severe chest pains of the type previously experienced, and death ensued in the early hours of October 29th.
It developed at the hearing that an electrocardiogram made in July, 1947, showed abnormalities consistent with myocardial damage. The condition was static, and there was no evidence at that time of a recent coronary occlusion. Lay evidence disclosed that Williams had no illness after July, 1947, and was steadily employed until the time of the accident on August 9, 1952.
The issue presented was one of causal relationship between the injury of August 9, 1952, and Williams' death on October 29, 1952, either...
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...injury arose out of and in the course of his employment. Conner v. Bragg, 203 Va. 204, 123 S.E.2d 393, 396 (1962); Rogers v. Williams, 196 Va. 39, 82 S.E.2d 601, 602 (1954); Norfolk & Washington Steamboat Co. v. Holladay, 174 Va. 152, 5 S.E.2d 486, 488 (1939); Crews v. Mosley Bros., 148 Va.......
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...On the record presented the Commission's evaluation of the evidence and its finding of fact are binding on us. Rogers v. Williams, 196 Va. 39, 82 S.E.2d 601. For the reasons stated the award Affirmed. ...
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