Beck v. Department of Labor & Industries

332 P.2d 54, 53 Wash. 2d 189, 1958 Wash. LEXIS 295
CourtWashington Supreme Court
DecidedNovember 28, 1958
DocketNo. 34663
StatusPublished
Cited by2 cases

This text of 332 P.2d 54 (Beck v. Department of Labor & Industries) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beck v. Department of Labor & Industries, 332 P.2d 54, 53 Wash. 2d 189, 1958 Wash. LEXIS 295 (Wash. 1958).

Opinion

Donworth, J.

John T. Beck, aged 55, died May 28, 1953, as a result of an intracranial hemorrhage caused by the rupture of the wall of an artery located near the base of his brain.

On March 10, 1954, appellant, Mr. Beck’s widow, filed a claim for a pension under the workmen’s compensation act (RCW Title 51), in which she averred that on April 6, 1953, [190]*190while in the employ of Elliott Bay mill, Seattle, Mr. Beck sustained an industrial injury which ultimately resulted in his death.

The supervisor of industrial insurance entered an order on May 6, 1954, rejecting appellant’s claim on the grounds that the departmental investigation had

“. . . failed to reveal any evidence that the deceased had been injured at the time and place set forth in the application and the evidence having also disclosed that death was due to causes which were unrelated to the injury alleged . . .”

Appellant appealed to the board of industrial insurance appeals. As a witness on her own behalf before the board’s trial examiner, appellant related the events which transpired on April 6th and up until the time the deceased was stricken on the evening of April 7, 1953, substantially as follows:

Mr. Beck returned home from work about four o’clock in the afternoon of April 6th. At that time “he didn’t complain, he just seemed kind of quiet.” Appellant did not notice anything in his demeanor or actions different than before he had gone to work that morning. Later in the evening, Mr. Beck remained quiet and appellant thought that he was tired. The following morning, Mr. Beck arose as usual and went to work. Appellant, not paying particular attention to him, failed to notice anything unusual about his appearance at that time. About four o’clock in the afternoon, Mr. Beck returned to his home from work. He then seemed to be more quiet than usual. After watching television later that evening, Mr. Beck suddenly arose and grasped his head. He appeared ashen-colored; very pale. He looked to be in great pain. Appellant telephoned a physician, who prescribed medication. After an uncomfortable night, during which he was continuously ill, Mr. Beck was taken to a hospital for treatment. About two weeks later, he returned to his home and remained there for about two weeks. A hemorrhage then recurred, which necessitated his returning to the hospital, where he received treatment until the time of his death.

At the board hearing, appellant was asked by her counsel [191]*191concerning certain statements made to her by Mr. Beck at the time he was stricken on April 7th regarding an alleged accident occurring at the mill on the preceding day. Respondent’s objection to this testimony, on the ground that it was hearsay, was sustained by the trial examiner. Thereupon, appellant offered to prove, by her own testimony, that:

“. . . on April 7, 1953, in the evening, that her husband, Mr. Beck, told her that he had had an awful bump on the back of his head on a beam in the Elliott Bay Mill while he was working on April 6, 1953, and that he since that time —since the blow, he had sustained headaches and that they seemed to be getting worse at that time, and that he received a blow on his head while he was in the course of employment, working on that date of April 6, 1953.”

Upon stipulation of counsel, the autopsy report of Dr. George Tooley was read into the board record. This report concludes as follows:

“Final Diagnosis: Primary cause of death: Spontaneous subarachnoid hemorrhage due to rupture of small aneurysm of the Circle of Willis. Other findings: .1. Marked pulmonary congestion and edema. 2. Terminal bronchopneu-monia. 3. Marked passive congestion of viscera.” (Italics ours.)

Dr. Hunter MacKay, a neurosurgeon, who had never seen the deceased in his lifetime, was cálled by appellant to testify as an expert witness. There was no other medical expert called as a witness. Concerning the condition which led to the death of the deceased, Dr. MacKay testifiéd:

“Most of these aneurysms are of what is known as congenital origin. In other words, at a juncture or branching of blood vessels at the base of the brain, where these usually occur, there is a defect in the muscle of the vessel wall, so that with time gradually expands, so that the majority of them are congenital, in other words, something that they are born with fundamentally, and over a period of time this gradually develops. . . .
“From the medical standpoint, it is well known that most aneurysms, either found on autopsy or patient expires for some other reason, rupture spontaneously without the advent of the injury. . . .” (Italics ours.)

[192]*192Appellant propounded a hypothetical question to Dr. MacKay in which he was asked to assume, among other things,

. . that this man having been at work and having returned home from work complained to his wife that he had sustained an injury while at work which was caused by his having reared up underneath a beam at the mill and which had caused him to strike his head on the beam,

The witness responded, in part, as follows:

“ . . . The fact of this question, where this aneurysm is found to exist at autopsy, in relation to the injury, in relation to the time at which the symptoms began, puts me in a position where I have got to say that in my opinion the injury cannot be divorced as the causative factor of the ruptured aneurysm.”

Dr. MacKay further testified in response to questions asked by the board’s trial examiner:

“Q. Doctor, is this one of the sort of things that is invariably caused by trauma or—? A. You mean the aneurysm? Q. Rupture of aneurysm? A. No. Most of these are spontaneously ruptured in many young persons, type of people you read about in the newspaper, or somebody on the way to work, suddenly drop dead of cerebral hemorrhage. That is what’s happened. Q. Doctor, would it make any difference to you where this blow, assuming there was a blow, occurred, that is, what part of the head? A. No. Q. Would the intensity of the blow make any difference? A. No.”

At the conclusion of the claimant’s evidence, the employer and respondent moved to dismiss the appeal on the ground the petitioner had failed to establish a prima facie case. The motion was taken under advisement by the trial examiner for submission before the board of industrial insurance appeals.

In its decision and order sustaining the order of the supervisor of industrial insurance, rejecting appellant’s application for a widow’s pension, the board ably summarized the evidence, concluded that the proffered testimony of appellant was inadmissible in evidence, and further concluded that:

[193]*193“ . . . even if the petitioner had established that her deceased husband had bumped his head on a beam while at work on April 6, the medical evidence presented is insufficient to prove the probability of a causal relationship between that incident and his subsequent death.”

On the basis of the evidence introduced before it, the board found, in part:

“The deceased workman, John T. Beck, did not sustain an industrial injury on April 6, 1953, while in the employ of Elliott Bay Mill Company at Seattle, Washington.

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Related

State v. Lynn
436 P.2d 463 (Washington Supreme Court, 1968)
Hagen v. City of Seattle
339 P.2d 79 (Washington Supreme Court, 1959)

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Bluebook (online)
332 P.2d 54, 53 Wash. 2d 189, 1958 Wash. LEXIS 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beck-v-department-of-labor-industries-wash-1958.