Lewis v. Department of Law Enforcement

311 P.2d 976, 79 Idaho 40, 1957 Ida. LEXIS 189
CourtIdaho Supreme Court
DecidedApril 26, 1957
Docket8516
StatusPublished
Cited by30 cases

This text of 311 P.2d 976 (Lewis v. Department of Law Enforcement) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. Department of Law Enforcement, 311 P.2d 976, 79 Idaho 40, 1957 Ida. LEXIS 189 (Idaho 1957).

Opinions

PORTER, Justice.

On June 15, 1954, and for seven years prior thereto, appellant was a state policeman employed by the State Department of Law Enforcement and stationed in the vicinity of Idaho Falls. On the date in question, he was attending the annual state convention of the Idaho Peace Officers at McCall, Idaho. It was part of his duty as a state policeman to attend this convention and to participate in its activities.

Among other activities, such state convention conducts competitive pistol shooting on a pistol range. The firing course consists of shooting eighty rounds from various stations and from prone, sitting and standing positions. Generally, five rounds are fired from a station and then the contestant runs to another station and commences the firing of another five rounds. There is some interval between the firing from each station and to complete the entire course requires about one hour. Other contestants are also firing at the same time on the pistol range. The firing on the pistol range is highly competitive and the [43]*43results of such firing affects the standing and record in the service of the contestant.

On the day in question, appellant had fired the Camp Perry Course of thirty shots and had fired twenty-six shots on the Practical Pistol Course. Upon firing the twenty-seventh shot he could not hear whether the shell fired or not and inquired of his coach as to whether the shot was fired. He then fired five more shots and fell to the ground. He blacked out for a minute but did not remain unconscious and complained of a severe headache. He was taken to McCall and a physician examined him. He was then sent to the hospital in Cascade, then to a hospital in Boise and later removed to a hospital in Salt Lake City.

It was determined by his attending physicians that appellant was afflicted with a congenital aneurysm of the left intracranial carotid artery. The stroke which appellant suffered on the pistol range was the result of the rupture of and bleeding from such aneurysm. Appellant was given treatment by the attending physicians which treatment included an operation. Appellant has suffered permanent injuries including a partial paralysis of his limbs on the right side.

Appellant duly made application for an award of compensation under the Workmen’s Compensation Act. Hearings were had at McCall and Idaho Falls and the depositions taken of the attending physicians in Salt Lake City. The Industrial Accident Board found there was no material dispute in the evidence as to the facts and that it was a question of law as to whether or not appellant had suffered an accidental, personal injury compensable under the Workmen’s Compensation Law. The Board, as part of its ultimate finding and ruling, found as follows:

“There can be no doubt that the primary and principal cause of claimant’s present disability is the aneurysm of the 'left carotid artery, a condition which existed for many years and probably from claimant’s birth. The artery’s rupture on June IS, 1954 while Lewis was firing a revolver in a competitive contest was very likely occasioned by temporarily enhanced blood pressure brought on by the mental and emotional strain in the excitement of the contest and anxiety as to his score. Physical factors probably contributed to some extent, a brief run of IS yards, the claimant’s holding his breath momentarily while actually firing, and the concussion of the shots. * * * The activity or employment in which claimant was engaged was in no sense abnormal; it was in fact, a part of a policeman’s routine, a routine in which claimant had been employed for seven and a half years. There was no work accident. Nothing went wrong in the working conditions or in the working equipment or in its use. - Claimant’s [44]*44stroke was not by accident arising out of his employment.”

The Board denied an award of compensation and claimant has appealed to this court.

The Workmen’s Compensation Law was adopted in 1917. It did not contain a definition of the term "accident.” It therefore became necessary for the courts to determine the meaning of the term “accident” as used in the compensation law. This question came before the court in McNeil v. Panhandle Lumber Co., 34 Idaho 773, 203 P. 1068. The Court was considering a claim for loss of sight in the right eye caused by the detachment of the retina resulting from heavy lifting of saw logs. After noting that some authorities hold in effect that there must be evidence of mischance or miscalculation in what was being done or something fortuitous or unexpected in the manner of doing the work to constitute an accident, this court, in rejecting such view, said, 34 Idaho 773, at pages 788-789, 203 P. 1068, at page 1073:

“ * * * Much more in harmony with the purpose of such laws is the holding in the English Case of Fenton v. Thorley, supra, [L.R.App.Cas. 433] in which appellant ruptured himself by overexertion in trying to turn a wheel. In the course of the opinion Lord Macnaghten said:
‘“Fenton was a man of ordinary health’ and strength. There was nq evidence of any slip, or wrench, or sudden jerk. It may be taken that the injury occurred while the man was engaged in his ordinary work, and in doing or trying to do the very thing which he meant to accomplish. * * *
‘“If a man, in lifting a weight or trying to move something not easily moved, were to strain a muscle or rick his back, or rupture himself, the mishap in ordinary parlance would be described as an accident. Anybody would say that the man had met with an accident in lifting a weight, or trying to move something too heavy for him.’ ”

In Aldrich v. Dole, 43 Idaho 30, 249 P. 87, 88, this court again considered the question and considered the argument that there must be some distinct event or occurrence which taken by itself can be recognized as an accident and then that the injury must be shown to have followed as a consequence from that specific event before the injury is compensable. In adversely disposing of such contention, this court quoted with approval from Associated Employers’ Reciprocal v. State Indus. Comm., 88 Okl. 249, 212 P. 604, at page 606, as follows:

* * * It is clear from a consideration of these two sections that it was the intention of the law to provide compensation for an injury sustained by an injured employee, while engaged in any of the hazardous oc[45]*45cupations coming within the act, and, if such injury is sustained, it is by the act regarded as an accidental injury, unless excluded for wilful injury, etc., as in the act provided; and there is no language in the act authorizing the conclusion that, as a prerequisite to the right of compensation, the claimant must show that he has suffered some injury resulting from some sudden or violent accident.’ ”

In the case of In re Larson, 48 Idaho 136, at page 146, 279 P. 1087, at page 1090, this court was considering a death caused by the rupture of a pre-existing aneurysm resulting from heavy labor. The court applied the same test as to what constitutes an accident and said :

“It therefore seems clear that as a result of the work being performed by the deceased, the latent physical defect, the aneurism, was accelerated or aggravated and progressed farther, causing death. The strain may not have been unusual, and even slight, but, if it caused the death of the deceased, it was an accident that is compensable.”

The court also said, 48 Idaho 143, 279 P.

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Bluebook (online)
311 P.2d 976, 79 Idaho 40, 1957 Ida. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-department-of-law-enforcement-idaho-1957.