Drompp v. East

178 N.E.2d 217, 134 Ind. App. 110, 1961 Ind. App. LEXIS 191
CourtIndiana Court of Appeals
DecidedDecember 5, 1961
Docket19,579
StatusPublished
Cited by7 cases

This text of 178 N.E.2d 217 (Drompp v. East) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Drompp v. East, 178 N.E.2d 217, 134 Ind. App. 110, 1961 Ind. App. LEXIS 191 (Ind. Ct. App. 1961).

Opinion

Ryan, C. J.

The appellees, as sole dependents of William A. East, now deceased, who was employed by appellants as a hod carrier, filed application to the Industrial Board for compensation benefits. The appellees in their application alleged that the decedent died on August 29, 1958, as a proximate result of personal injuries received by him on the same day by reason of an accident arising out of and in the course of his employment by appellants.

The Full Board in awarding compensation benefits to the appellees found that the decedent did, on August 29, 1958, sustain an accidental injury arising out of and in the course of his employment as a hod ■carrier and that as a result of such injury he died within the hour. The Board also found that decedent’s death was precipitated by unusual exertion on the preceding day and day of death. From this award appellants appeal, assigning as error that the award is contrary to law.

It appears that the decedent was fifty-three (58) years of -age, five feet ten inches tall, and weighed one hundred fifty (150) pounds. He was employed by the appellants as a hod carrier and had been employed in such position for at least three (3) years. His job consisted primarily of supplying and putting . the mortar on the mortar boards, keeping the bricklayers *112 supplied with tile and any other materials they so needed on the particular job. The work was of a heavy nature. The particular job the decedent was working on when the alleged accident occurred on August 29, 1958, was the construction of the East Gate Shopping Center, Logansport, Indiana. The evidence reveals that the day prior to the alleged accident the deceased and his co-worker were involved in the lifting of coping stones which weighed approximately two hundred (200) pounds. The deceased and his coworker would pick up each one of these stones from a pallet and then slide them on to the back end of a pick-up truck. They would then remove the stones from the truck, place them on an elevator, which in turn would take them to the top of the building. The day before the alleged injury the deceased and his coworker had handled about fifty (50) of these stones in the manner described. On the day of the decedent’s death, August 29, 1958, the decedent and his coworker again lifted one of these stones in the same manner as previously described, and after putting the stone on the rear of the truck the decedent put his hand up over his left chest and said, “Damn, if I don’t believe I have pleurisy this morning.” The decedent went on about his regular routine duties after the above occurred, and shortly thereafter the decedent carried two eight-inch blocks (weighing approximately forty-three [43] pounds apiece) into a building. Approximately two minutes after the decedent entered the building with the two blocks, one of his fellow employees found Mr. East lying on the floor in a semi-conscious condition. The decedent died approximately five minutes thereafter.

The deposition of Dr. A. D. Dennison, Jr., who testified for the claimants, revealed:

*113 “Q. What, in your opinion, was the cause of his death?
A. It is my belief that this man died a cardiovascular death related to the increased exertion and that, in view of the facts presented, the most likely cause of death is acute coronary insufficiency.
Q. Will you explain, Doctor, what you mean by acute coronary insufficiency?
A. Acute coronary insufficiency in this situation means that the unusual exertion resulted in the diseased coronary vessel being unable to provide oxygenated blood for the heart muscle and this insufficient blood flow triggered off a ‘mechanism death’, as we now call it. A ‘mechanism death’ means that the heart either went into a standstill or went into an abnormal rhythm and subsequently stopped. To be more clear, the history is strongly suspicious of previous coronary artery disease. Previous exertional experiences caused discomfort in his chest and on one occasion fainting. On the morning of his demise, the unusual exertion of lifting a 200 to 250 lb. stone made him exclaim again about his chest and it would seem that this exertion made the heart demand more blood, but the rusty, narrowed coronaries couldn’t provide this blood. The heart muscle wanted oxygenated blood and when it didn’t get it, it became irritable, which is the mechanism of what happens to the heart when it has insufficient flow and an irritable, unoxygenated heart muscle dies, either through standstill or through an abnormal rhythm.
Q. What significance, if any, does the fact that the man continued working and carried these concrete blocks into the building, stacked them, and so forth, following the lifting of the coping stone and the complaint of pain in his chest as he did so ?
A. As a cardiologist, I felt that after a ... warning his job necessitated his continuing this manual type of labor and he carried 72 lbs. weight and had to walk with it, which in *114 volved the demands of the legs and arms for blood, plus the carrying the weight, and this seemed to be the ... the final, cruel blow to his heart muscle begging for better blood supply. Now, Dr. Milton Halpern has shown that sudden death due to coronary artery dissease, at autopsy, usually reveals coronary sclerosis and the cause of death is coronary insufficiency at that time, often due to strenuous exertion, but occasionally some of them will actually show an occlusive, a fresh, occlusive episode, but the more dangerous thing to an individual with coronary sclerosis is the unusual exertion triggering off this insufficient flow at a time when the heart needs blood and it can’t get it, because these rusty, inelastic vessels cannot dilate up and meet the need at that time.
Q. If the workman had not continued working after lifting the coping stone and complaining of pain, do you have an opinion as to what effect that would have had upon his dying or not dying?
A. I believe that there was a chance in this whole story to salvage his ... his life, that having been given the initial warning of chest pain related to strenuous exertion, that if he had gone to rest, gotten to a doctor, or been put to bed and all of the classical measures of protection known to cardiologists provided him, that we might still have a ... a live patient. The continued exertion seemed to be ‘the straw that broke the camel’s back’

Dr. Charles E. Test testified:

“A. Well — the symptoms which this man had during the months or year prior to his death suggests that the circulation to his heart muscles, which circulation is supplies by the coronary arteries was inadequate. On the basis of this and the events which immediately preceded his death, his symptoms at that time, I conclude that his heart failed, because the blood supply to the heart muscles *115 through the coronary arteries was insufficient these vessels having been narrowed. or occluded by the process of arteriosclerosis.”

Dr. Richard M. Nay gave the following testimony:

“Q.

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Bluebook (online)
178 N.E.2d 217, 134 Ind. App. 110, 1961 Ind. App. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drompp-v-east-indctapp-1961.