Opinion
No. 28873
Decided March 18, 1942.
Workmen's compensation — No evidence of death from accidental physical or traumatic injury — High nervous tension caused or aggravated duodenal ulcer.
APPEAL from the Court of Appeals of Mahoning county.
James Joseph Shea had been employed for about 26 years in a clerical capacity by the appellant, a self-insurer under the workmen's compensation law. A strike developed. Shea remained inside the plant performing duties as supervisor of a restaurant for 13 days, when he suffered from a perforated gastric ulcer, was removed from the plant in an ambulance, underwent an operation and died two days later. His wife filed an application for adjustment of claim. The Industrial Commission found from the proof of record on rehearing that the decedent did not sustain an injury in the course of and arising out of his employment and disallowed the claim as decedent's death was in no way related to any incident of employment. Appeal was duly taken to the Court of Common Pleas and upon trial to a jury the court directed a verdict for defendant and judgment was entered thereon. Upon appeal the Court of Appeals reversed that judgment and remanded the cause for trial to jury. The Court of Appeals sustained a motion to set forth its grounds of reversal and entered upon its journal that "the court finds that the ground for reversal is that there is some evidence tending to show that the decedent was subjected to a high nervous tension by reason of the conditions existing at the place of his employment which high nervous tension either caused or aggravated a duodenal ulcer from which decedent was suffering causing same to perforate resulting in his death, and this was the evidence of injury within the meaning of the Workmen's Compensation Act and the said cause should have been submitted to a jury for its determination." A motion to certify the record was allowed and the case was heard upon its merits.
Messrs. Lewis, Levin Cronin, for appellee.
Messrs. Manchester, Ford, Bennett Powers and Mr. Martin S. Wilkinson, for appellant.
The evidence of so-called injury stated by the Court of Appeals was not supported by any proof of a physical or traumatic injury, accidental in origin and cause, which was the result of a sudden happening at a particular time. Industrial Commission v. O'Malley, 124 Ohio St. 401, 178 N.E. 842; Cordray v. Industrial Commission, 139 Ohio St. 173, 38 N.E.2d 1017; Goodman v. Industrial Commission, 135 Ohio St. 81, 19 N.E.2d 508.
The Judgment of the Court of Appeals is reversed and the judgment of the Court of Common Pleas is affirmed.
Judgment reversed.
WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, HART and ZIMMERMAN, JJ., concur.
BETTMAN, J., not participating.