Summary
In Gulf States Creosoting Co. v. Walker, 224 Ala. 104 (139 So. 261), it was held that the development of inguinal hernia is an accident compensable under the act. It was not there shown that the hernia was brought about by an injury sustained in an extraordinary occurrence, but to the contrary.
Summary of this case from Hardware Mut. Casualty Co. v. SprayberryOpinion
6 Div. 955.
January 14, 1932.
Appeal from the Circuit Court, Jefferson County; Romaine Boyd, Judge.
Bradley, Baldwin, All White and W. M. Neal, all of Birmingham, for appellant.
Compensation is payable only for injuries resulting from an accident arising out of and in the course of the employment. Code 1923, § 7544. From the mere fact of death from hernia following sickness and pain first appearing during working hours, the court cannot surmise that such death is the result of an accident arising out of and in the course of the employment. Code 1923, § 7551 (f); Woodward Iron Co. v. Vines, 217 Ala. 369, 116 S. 514; State ex rel. v. Dist. Court, 142 Minn. 420, 172 N.W. 311; Belle City Malleable Iron Co. v. Ind. Comm., 180 Wis. 344, 192 N.W. 1010; Ind. Comm. v. W. A. Hover Co., 82 Colo. 335, 259 P. 509; Cavalier v. Chevrolet Motor Co., 189 App. Div. 412, 178 N.Y. S. 489; Gentelong v. American H. L. Co., 194 App. Div. 9; 184 N.Y. S. 808; Chicago A. R. Co. v. Ind. Board, 274 Ill. 336, 113 N.E. 629; Madden's Case, 222 Mass. 487, 111 N.E. 379, L.R.A. 1916D, 1000. Evidence that an employee was at work, that later he was sitting out suffering and said he was sick, that he died on the next day of hernia, where there is no evidence of any accident, is not legal evidence to support an award of compensation. Young v. Melrose Granite Co., 152 Minn. 512, 189 N.W. 426, 29 A.L.R. 506; Klika v. Ind. Sch. Dist., 3 Minn. W. C. D. 163; Alpert v. J. C. W. E. Powers, 223 N.Y. 97, 119 N.E. 229; Kutschmar v. Briggs Mfg. Co., 197 Mich. 146, 163 N.W. 933, L.R.A. 1918B, 1133; Ex parte Coleman, 211 Ala. 248, 100 So. 114; Meade v. Wisc. Motor Mfg. Co., 168 Wis. 250, 169 N.W. 619. Where deceased suffered from a disease and from hernia, assuming the hernia to have been caused by a compensable accident, and the evidence does not show whether the disease or hernia caused death, an award cannot be based on the speculation that death was caused by hernia. Dulac v. Proctor B. Co., 120 Me. 324, 114 A. 293; Marshall v. Sheppard, W. C. Ins. Rep. 477, 6 B. W. C. C. 571.
Crampton Harris and Harold M. Cook, both of Birmingham, for appellee.
If there is any reasonable view of the evidence that could support the conclusion of the trial judge in awarding compensation, the finding and judgment will not be disturbed on certiorari. Summit Coal Co. v. Walker, 214 Ala. 332, 107 So. 905; Ex parte Woodward Iron Co., 211 Ala. 111, 99 So. 649; Sloss S. S. I. Co. v. House, 217 Ala. 422, 116 So. 167; Republic Iron Steel Co. v. Reed, 223 Ala. 617, 137 So. 673. A rupture due to an unusual strain in lifting a heavy weight is an accidental injury. Robbins v. Original Gas Engine Co., 191 Mich. 122, 157 N.W. 437. Proof of the accident in compensation cases need not negative every other possibility of injury, nor need it be direct and positive. It may rest on circumstances. 1 Honnold W. C. § 99; Sloss S. S. I. Co. v. House, supra; Republic Iron Steel Co. v. Reed, supra; Case of Mailman, 118 Me. 172, 106 A. 606; 1 Schneider, W. C. § 233.
We think that there was ample evidence that deceased died from inguinal hernia, and that he was taken suddenly and painfully ill of its effects near the close of a day's work, in which he was engaged in handling heavy timbers in the course of his employment; that he had not shown any symptoms before then of a condition which would lead to such complaint, and died of it the next day. The expert evidence, without conflict, is that such condition is nearly always "caused by some strain, chronic cough or heavy lifting," but that some have a weakness there, and it does not take as much to bring it on, but a heavy lift is the most common cause.
It is not expected that this court nor the circuit court shall have expert judicial knowledge on the subject, which is superior to and should override that of those who are in fact experts. It may be true that it is often caused by inherited or slowly developing causes, and that the requirements of section 7551(f)(1) are based upon that knowledge. But if there is a fair inference that it was caused by accidental means in any case, that fact is established.
If deceased, while engaged in work or heavy lifting, and great strain, with no evidence of chronic cough or other cause of hernia, suddenly develops it in a very acute and painful state, which continues unabated, and he dies the following day, it is not, in our opinion, mere surmise or conjecture to find that his condition was produced by the nature of his work, but that it was so produced is rather a fair, if not conclusive, inference from those circumstances, recalling that there was evidence undisputed that such circumstances most commonly are the cause of such condition.
It is not necessary that the essential facts in a compensation case shall be proven by any different character of evidence than that prescribed by law in other cases. And circumstantial evidence is an admitted form of proof in that as well as in others. Sloss-Sheffield S. I. Co. v. House, 217 Ala. 422, 116 So. 167; Republic S. I. Co. v. Reed, 223 Ala. 617, 137 So. 673; 1 Honnold W. Comp. § 99.
In the case of Alpert v. J. C. W. E. Powers, 223 N.Y. 97, 119 N.E. 229, cited by appellant, there was no expert evidence of the causes of inguinal hernia, and the finding from the evidence that hernia was in that instance sustained while engaged in lifting a bundle of paper, in the absence of strain or other evidence from which it could be inferred that it was thereby caused, did not show that it arose out of his employment. It was noted in the opinion that the evidence that he strained in the lifting was absent, and there was no attempt to prove that the lifting could have produced a rupture.
The development of inguinal hernia is an accident compensable by the Workmen's Compensation Law, provided the requirements of section 7551(f)(1) are met. They are: That there was an injury resulting in hernia; that it was accompanied by pain; that the hernia immediately followed an accident, and did not exist prior to the accident. Woodward Iron Co. v. Vines, 217 Ala. 369, 116 So. 514.
Accident here is said to have its "popular or ordinary meaning: Happening by chance; unexpectedly taking place; not according to the usual course of things; or not as expected," and is defined by statute to mean "an unexpected or unforeseen event, happening suddenly and violently, with or without human fault, and producing at the time injury to the physical structure of the body, by accidental means," Code, § 7596 (i); and it was held to include inguinal hernia, which suddenly followed a heavy strain in assisting another to move an engine weighing some six hundred pounds, with great pain, followed that night with a small swelling in the groin (facts similar in legal effect to those shown in this record). Robbins v. Original Gas Engine Co., 191 Mich. 122, 157 N.W. 437; 1 Honnold on Workmen's Compensation, § 99, page 316.
Our judgment is that there was evidence to support the findings of the court, and such findings justify the judgment, and it is affirmed.
Affirmed.
ANDERSON, C. J., and GARDNER and BOULDIN, JJ., concur.