Nielsen v. Industrial Accident Commission

[211]

NOURSE, P. J.

Petitioners seek a review of the order of respondent Commission denying them compensation for the death of Anton Nielsen.

Deceased was employed as a cabinet-maker by respondent Bersch, who was insured by the respondent State Compensation Insurance Fund. The deceased was forty-seven years old at the time of his death and had been working steadily at his trade with respondent for a period of fifteen years. During all this time he had never displayed any symptom of illness or disability or any abnormal condition of health. On November 25, 1930, deceased, with five others, carried an altar top from Bersch’s place of business to a truck and took it to a church, where it was to be installed. Seven other men helped deceased carry the altar top into the church, but, when they arrived there, it was found necessary to remove the old altar top. Deceased took a hammer and a chisel and worked upon the old top for about five minutes when he was stricken with a heart attack and soon thereafter died. The work of that morning was done in a great hurry, the new altar top was carried up the aisle of the church in an awkward and hurried manner, which no doubt caused an intense strain upon the deceased. The applicants are all dependents of the deceased entitled to an award if the death was the result of industrial injury.

The evidence upon which the Commission denied the application does not present a substantial conflict. Dr. Koford, the family physician, was present at the autopsy held immediately after the death. He testified that the deceased had “coronary and aortic sclerosis and the aorta was acutely dilated, being covered with numerous small red hemorrhages and broken capillaries”. Also that “the dilatation had ruptured many of these fine blood vessels and that the rupturing

had leen very recent.

I am convinced in my own mind

that the heavy lifting caused an increased pressure

in the blood stream, which the degenerated aortic wall could not withstand; this produced an acute dilatation and death”. The autopsy surgeon at the inquest reported “arteriosclerosis, hemorrhages and dilatation of the aorta”. Dr. Koford also testified that he had known the deceased for several years immediately prior to the death and that the deceased had never displayed or complained of poor health or illness and that he had not known anything abnormal in