Skinner v. Industrial Commission

• Decision Date: 08 April 1963
• Docket Number: No. 20325,20325
• Citation: 381 P.2d 253,152 Colo. 97
• Parties: Maxine G. SKINNER, and Sally Lou Skinner, Jerry Lee Skinner, and Deborah Ann Skinner, by Maxine G. Skinner, Their Mother and Next Friend, Claimants in the Matter of the Estate of Almos Skinner, Deceased, Plaintiffs in Error, v. The INDUSTRIAL COMMISSION of Colorado, State Compensation Insurance Fund, Insurer, Harry R. Blair, Doing Business as Blair Dry Wall, Employer, Defendants in Error.
• Court: Colorado Supreme Court

Page 253

381 P.2d 253

152 Colo. 97

Maxine G. SKINNER, and Sally Lou Skinner, Jerry Lee Skinner and Deborah Ann Skinner, by Maxine G. Skinner, Their Mother and Next Friend, Claimants in the Matter of the Estate of Almos Skinner, Deceased, Plaintiffs in Error, v. The INDUSTRIAL COMMISSION of Colorado, State Compensation Insurance Fund, Insurer, Harry R. Blair, Doing Business as Blair Dry Wall, Employer Defendants in Error.

No. 20325.

Supreme Court of Colorado, In Department.

April 8, 1963.

Rehearing Denied May 20, 1963.

Johnson & Cain, Lakewood, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for defendant in error Industrial Commission.

Harold Clark Thompson, Louis Schiff, Alious Rockett, Denver, Fred B. Dudley, Francis L. Bury, Denver, for defendants in error State Compensation Insurance Fund, Insurer, and Harry R. Blair, Doing Business as Blair Dry Wall, Employer.

SUTTON, Justice.

This writ of error is directed to a judgment of the district court affirming denial of compensation to the plaintiffs in error. Plaintiffs in error will be referred to herein as claimants, the Industrial Commission as the commission, the State Compensation Insurance Fund as the fund and Blair Dry Wall Co. as the employer.

The record discloses that Almos Skinner was employed by the employer as a dry wall finisher. On July 11, 1960 he was sent to work at 'Paradise Hills', a housing development located in the Lookout Mountain area west of Denver. The elevation of this area is approximately 7500 feet above sea level. The deceased arrived there some time in the morning and immediately began working at a job described as 'texturing'. This was not his normal work and testimony indicated it was more strenuous than his usual work. He remained at the 'Paradise Hills' location until around 2:30 P.M. when he left to return to his usual work location at Alameda and Simms Street in Jefferson County, West of Denver. He left 'Paradise Hills', driving his own pickup truck but failed to show up at the Alameda location. When he had not arrived at home by evening the members of his family began a search. They found his body and his truck in a ravine off a highway which was the ordinary route to follow to his second assignment. The body was in the pickup truck, head downward on the floor board, with blood stains in the mouth as well as near the body and on the truck.

Following these events claimants filed their claim for workmen's compensation. Liability was first admitted on the basis that the cause of death was an 'auto accident'. Within a month, however, the fund received the coroner's death certificate giving as the cause of death a coronary occlusion with the condition of livor mortis. Notice of contest was immediately filed and a hearing followed.

At the hearing the first witness called was Robert D. Perkins, one of two State Patrol officers who had investigated the accident. He testified that there were no skid marks on the road and it appeared that the car went off the highway and rolled down the ravine. Hearsay evidence, admitted over objection, elicited from him was to the effect that the deceased's brother told him that deceased had recently complained of pains in his chest and had been sent home from work because he had been having fainting spells. The employer, however, testified that the deceased had no health problems to his knowledge and was never sent home from work. Testimony was also taken from a co-worker of the deceased on the date in question. He stated that it had been a hot day and the deceased had made a comment about this, but none about his health. Bill Skinner, deceased's brother, testified the deceased had never complained to him about his health and he was unaware of any previous heart condition.

A copy of the autopsy and the death certificate were admitted in evidence; both stating that death was caused by a coronary occlusion.

Dr. Carrol Shinn, a general practitioner, who cared for the deceased before his death, stated that he had examined him completely in the previous year and had seen him, the last time, one month before his death. There was no evidence of a heart condition at that time. The doctor further testified that if a heart condition were developing then overexertion or emotional upset could have brought on a fatal heart attack.

The deputy coroner, Dr. John R. Hunt, testified as to the autopsy performed. He had found the cause of death to be a coronary occlusion. The doctor had no knowledge of the physicial activity of the deceased on the date of his death but admitted that overexertion could have been a contributing factor in the death.

Two physicians who specialized in heart diseases testified as to the possible connection of overexertion to the coronary attack that caused the death. The...