United States Fidelity & Guaranty Co. v. Industrial Com'n of Colo.

• Decision Date: 10 November 1924
• Docket Number: 11042.
• Citation: 76 Colo. 241,230 P. 624
• Court: Colorado Supreme Court
• Parties: UNITED STATES FIDELITY & GUARANTY CO. et al. v. INDUSTRIAL COMMISSION OF COLORADO et al.

230 P. 624

76 Colo. 241

UNITED STATES FIDELITY & GUARANTY CO. et al. v. INDUSTRIAL COMMISSION OF COLORADO et al.

No. 11042.

Supreme Court of Colorado

November 10, 1924

Department 2.

Error to District Court, City and County of Denver; Charles C Butler, Judge.

Proceeding under the Workmen's Compensation Act (Laws 1919, p. 700) by Fannie Martz and others, to recover compensation for the death of Leroy E. Martz, employee, opposed by the Poudre Valley Gas Company, employer, and the United States Fidelity & Guaranty Company, insurance carrier. Finding of Industrial Commission, approving findings of referee in favor of claimant, was affirmed by district court, and employer and insurance carrier brought error, and case was remanded. On direction of court, Commission made additional findings.

Affirmed.

Gillette & Clark and Leroy J. Williams, all of Denver, for plaintiffs in error.

Wayne C. Williams, Atty. Gen., Joseph P. O'Connell, Asst. Atty Gen., and L. R. Temple, of Ft. Collins, for defendants in error.

DENISON J.

This case was here once before, and we sent it back for more definite findings. U.S. F. Co. v. Ind. Com., 73 Colo, 90, 213 P. 330, q. v.

The commission now finds, among other things, as follows:

'January 11, A. D. 1922, while performing his usual duties in and about the plant of his emplover, he (the deceased employee) accidentally and unexpectedly inhaled an excessive amount of gas. This accident occurred shortly before 9:30 p. m About 9:30 p. m. he was found unconscious in the upstairs portion of his employer's plant. He remained unconscious until his death, which occurred January 13, A. D. 1922. His death was the proximate result of the excessive inhalation of the gas herein mentioned. His system had been subjected to the continued inhalation of such gas during the term of his employment; the excessive inhalation of such gas, herein mentioned accelerated the fatal effect of such gas upon his system. His death would not have occurred at the place nor at the time, had he not been exposed to the accidental and excessive inhalation of the gas herein mentioned.'

These findings necessitate an award for the claimant. The deceased got an unexpected, excessive, accidental dose of gas, which, with his previous inhalations, produced death. His death would not have occurred when and where it did but for this unexpected inhalation. Since the draft of gas which killed him was accidental,...