Flint Construction Company v. Downum

1968 OK 103, 444 P.2d 200
CourtSupreme Court of Oklahoma
DecidedJuly 16, 1968
Docket42043
StatusPublished
Cited by20 cases

This text of 1968 OK 103 (Flint Construction Company v. Downum) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flint Construction Company v. Downum, 1968 OK 103, 444 P.2d 200 (Okla. 1968).

Opinion

HODGES, Justice.

There is involved here for review an award of the State Industrial Court allowing respondent Lady A. Downum, claimant below as the surviving widow and mother of the surviving children of Lester J. Downum, Jr., deceased, death benefits under the death benefit provisions of the Oklahoma Workmen’s Compensation Act. Parties will be referred to here as they appeared before the State Industrial Court. The deceased Lester J. Downum, Jr., will be referred to as “deceased”.

Respondents prosecute this appeal from an order of the State Industrial Court, sitting en banc, affirming an award entered by the trial judge in favor of the claimant.

The sole question presented to this court for review is the sufficiency of the evidence to sustain the award. The question of whether, under the circumstance of this matter, the deceased was engaged in a hazardous employment within the coverage of the Workmen’s Compensation Act is not presented.

Deceased, a bookkeeper and accountant was employed by the respondent at its office in Locust Grove, Oklahoma, for several years prior to his death on March 23, 1965. During the month of February, 1965, a certified public accountant employed by respondent and in charge of the accounting and bookkeeping at the Locust Grove office died and deceased was required to assume his work in addition to his own with some assistance from the wife and stepson of the deceased accountant.

Early in 1965, respondent commenced the removal of its office from Locust Grove, Oklahoma, to Little Rock, Arkansas, and all officers and other employees of respondent with the exception of deceased moved to Little Rock. Deceased was left alone at the Locust Grove office for the purpose of boxing up the records, files and other equipment. In doing this work he was required to carry large boxes of documents stored in a warehouse a distance of about 75 or 100 feet to the office.

On Tuesday March 23, 1965, between 3:00 and 4:00 in the afternoon Junior L. Hutchins, an acquaintance of the deceased, visited in the office. Hutchins assisted the deceased in moving several large boxes from the warehouse to the office. Hutch-ins testified that the boxes contained ledger sheets and other documents, property of the respondent and were bulky and heavy. In moving the boxes it was necessary for the men to stoop over, put their hands under the boxes and lift them. It was necessary to carry the boxes through four doors with a clearance of about three inches. Deceased carried three smaller boxes by himself. Hutchins testified that the boxes were heavy and picking them up caused a strain of a man’s body. About ten or twelve boxes were left in the warehouse. At the time he first entered the office deceased was seated his desk working on some papers. Deceased had his coat off but put it on when they went to the warehouse. Hutchins left the warehouse about 4 o’clock in the afternoon. Deceased said to him “I’ll see you”. The temperature in the office was around 75 degrees but the weather outside was cold with a stiff wind and a fine ski ft of snow.

The operator of a store adjacent to the office where the deceased worked testified that she saw the deceased several times during the day of Tuesday March 23, 1965, the last time being about 5:30 P.M. When *202 she last saw the deceased he looked a little strange like he was tired and worried; that after the other accountant died deceased had been working long hours each day. He worked six days each week and sometimes on Sunday. He was worried about moving the office from Locust Grove to Little Rock. She observed the moving of the boxes from the warehouse to the office. Deceased had been doing the work of three men.

Claimant, the widow of the deceased, testified that for several weeks prior to his death the deceased had been working at the office about 15 hours each day and worked almost seven days of the week. He would come home for his supper and then return to work. He had to arrange for the moving of all the records from Locust Grove. When deceased came home from work he was exhausted. On Sunday March 21, 1965, deceased worked at the office until noon. When he came home he said he was exhausted and was going to take a nap. Claimant thought this unusual and worried about it. Deceased went to work about 6:00 A.M. Monday March 22, 1965. At about 4:00 P.M. deceased called her and said he would have to work late and get ready to go to Little Rock. On the afternoon of Tuesday March 23, 1965, deceased called the claimant’s daughter and said he would be home late that afternoon or the next morning. Claimant was away from home on Wednesday, March 24, 1965. Deceased did not return to his home. On Thursday, March 25, 1965, claimant called respondent’s Little Rock office and they advised that deceased was not there.

The Little Rock office made an investigation. Parties in Locust Grove secured entrance to the Locust Grove office. They found the body of the deceased in a small storage room adjacent to the office. The body was in a reclining position lying across the boxes previously described. The deceased apparently had been dead for some time.

The county sheriff, two doctors one being the county coroner, and other parties were summoned and made an investigation. Photographs were made of the premises and the body of the deceased before it was moved. These pictures were submitted in evidence. The boxes, a filing cabinet and a small table were the only articles found in the room. The deceased was reclining almost on his back with his hands folded across his chest. Within reach of his left hand were a number of snuffed out cigarette butts and a small portable radio. The witnesses disagree as to • whether the battery on the radio had run down. The radio had apparently been used to mash one of the cigarette butts.

The doctors found rigor mortis to have set in particularly in the buttocks of the deceased. The doctors disagree as to the time of death or the value of the existence of rigor mortis in determining the time of death. The estimates vary from six to forty-eight hours before the finding of the body. However, one witness testified that the car of the deceased had not been moved from its parking place near the respondent’s office. This evidence lends weight to the testimony of the claimant’s doctors that the time of death was Tuesday evening or early Wednesday morning.

The coroner signed the death certificate stating the cause of death to be, “myocardial infarction, coronary occlusion, and coronary artery disease.”

Dr. P testifying by deposition as a medical witness for the claimant in answer to a hypothetical question said:

“I am in agreement with the findings of the Coroners, Dr. Puls and Dr. Compton. It is my opinion that his death was due to an acute myocardial infarction and that it was caused, precipitated, and aggravated by the work he was doing on March 23, 1965, and the attending circumstances. Namely, physical and mental fatigue caused by several days excess work with long hours and insufficient rest, heavy and unaccustomed physical exertion on the last day he was able to work, exposure to inclement weather conducive to vascular accidents.”

*203 Dr.

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Bluebook (online)
1968 OK 103, 444 P.2d 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flint-construction-company-v-downum-okla-1968.