Weaver v. Industrial Com'n of Colo.

• Decision Date: 03 July 1922
• Docket Number: 10327.
• Parties: WEAVER v. INDUSTRIAL COMMISSION OF COLORADO et al.
• Court: Colorado Supreme Court

209 P. 642

72 Colo. 79

WEAVER v. INDUSTRIAL COMMISSION OF COLORADO et al.

No. 10327.

Supreme Court of Colorado, En Banc.

July 3, 1922

Rehearing Denied Oct. 2, 1922.

Error to District Court, City and County of Denver; Clarence J Morley, Judge.

Proceeding before the Industrial Commission of Colorado by Louise M Weaver, in behalf of herself and minor children, for an award for the death of applicant's husband, A. C. Weaver opposed by the Mountain Motor Fuel Company and the London Guarantee & Accident Company, Limited, insurer. Denial of award was affirmed by the district court on appeal, and applicant brings error.

Affirmed.

Quaintance King & Quaintance, of Denver, for plaintiff in error.

Victor E. Keyes, Atty. Gen., and John S. Fine, Asst. Atty. Gen., for defendant in error Industrial Commission.

William E. Hutton and Bruce B. McCay, both of Denver, for other defendants in error.

CAMPBELL, J.

This cause was once before this court, and the judgment of the district court, which affirmed the order of the Industrial Commission denying compensation, was reversed with instructions to remand the cause to the Industrial Commission, with instructions to investigate further as to the direct cause of the death of Weaver, and as to whether or not there was a reasonable causal connection between the accident and such cause of death, or whether or not such accident hastened death from any cause then existing, and specifically to find its conclusions as to all the facts appearing, and its conclusions of law drawn from such facts.

The case is reported in 69 Colo. at page 507, 194 P. 941. The statement of the case there renders unnecessary a repetition here.

In obedience to the command of this court the district court remanded the cause to the Industrial Commission with the instructions contemplated by the order. Additional testimony was taken by the parties, which consisted largely of a repetition of the testimony of the same witnesses who testified at the original hearing. At the close of the last hearing the Industrial Commission, after making certain specific findings, as to which there was no controversy, made the following findings as to the direct cause of the death of Weaver, and as to whether or not there was a reasonable causal connection between the accident and such cause of death, or whether the accident hastened death from any cause then existing, as follows:

'The undisputed evidence in this case indicates that Weaver's death was due to acute appendicitis, his operation taking place on the 14th day of March, and his death occurring on the 23d day of March, 1917. Witnesses produced by the claimant testified that, in their opinion, there was apossibility that the acute appendicitis could have been caused by the decedent's accident of November 24, 1915. Witnesses produced by the respondents testified

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