Noble County Highway Department v. Sorgenfrei

321 N.E.2d 766, 163 Ind. App. 81, 1975 Ind. App. LEXIS 995
CourtIndiana Court of Appeals
DecidedJanuary 23, 1975
Docket2-174A34
StatusPublished
Cited by9 cases

This text of 321 N.E.2d 766 (Noble County Highway Department v. Sorgenfrei) 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
Noble County Highway Department v. Sorgenfrei, 321 N.E.2d 766, 163 Ind. App. 81, 1975 Ind. App. LEXIS 995 (Ind. Ct. App. 1975).

Opinion

Sullivan, P.J.

We review an Industrial Board award of death benefits to appellee Kathleen Sorgenfrei for the death of her husband, Max. The issue before us is whether the death was a result of the industrial accident in the light of a preexisting leukemic condition.

The facts are essentially undisputed: Max Sorgenfrei was *83 employed by the Noble County Highway Department as a laborer. He had been in apparent good health, as was evidenced by the fact that between 1945 and the accident on May 14, 1969, he had visited the doctor only once, for gall bladder surgery in 1965. He made a full recovery from that operation, and did not miss a day of work due to illness until May 14, 1969.

On that day, Max was crushed between two highway department trucks. He suffered fractured vertebrae and pelvis, and severe internal injuries. Following that accident, Max was hospitalized for two months. He was then released and treated on an outpatient basis, but was never able to resume his normal activities. During that hospitalization unusual bone marrow and blood cell findings were made, but diagnosis was inconclusive. Max continued outpatient care until January 28, 1970, at which time he was readmitted for examination of his blood condition. On January 29, a test of his bone marrow revealed “myeloproliferative disease with questionable transformation to myelogenous leukemia.” He was released on February 3, 1970, but contracted pneumonia and was readmitted February 6. He died in the hospital February 12, 1970.

The key paragraph in the findings of the Full Industrial Board is as follows:

“That thereafter, on the 12th day of February, 1970, plaintiff’s decedent Max E. Sorgenfrei died as the result of the combined effects of his industrial injuries and a myelopro-liferative blood disease which manifested itself and became symptomatic subsequent to the involvement of Max E. Sorgenfrei in the industrial accident of May 14, 1969; that prior to May 14, 1969, and the occurrence of said industrial accident, the said Max E. Sorgenfrei, plaintiff’s decedent, had evidenced no symptoms of ill health and had lost no work because of illness for several years; that following receipt of his industrial injuries in said referenced industrial accident on May 14, 1969, plaintiff’s decedent never regained his health and strength and was never able to return to gainful employment prior to the time of his death on February 12, 1970; that Max E. Sorgenfrei’s industrial injuries aggravated and exacerbated his pre-existing *84 but latent and asymptomatic blood disease and hastened the death of Max E. Sorgenfrei.”

The only question before us is whether the findings, or such portion thereof as are sufficient to support the award, are in turn supported by the evidence of record.

As was stated by our Supreme Court in Heflin v. Red Front Cash & Carry Stores, Inc. (1947), 225 Ind. 517, 521-522, 75 N.E.2d 662:

“Indiana long ago adopted the majority rule, that where an employee afflicted with disease receives a personal injury under such circumstances that he might have obtained compensation under a Workmen’s Compensation Act on account of the injury had there been no disease involved, but the disease is materially aggravated or accelerated by the injury, resulting in disability or death earlier than would otherwise have occurred, and the disability or death does not result from the disease alone progressing naturally as it would have done under ordinary conditions, but the injury, aggravating and accelerating its progress, materially contributes to hasten its culmination in disability or death, there may be an award under the Workmen’s Compensation Act. In re Bowers (1917), 65 Ind. App. 128, 133, 134, 116 N.E. 842, and authorities there cited; Indian Creek Coal, etc., Co. v. Calvert (1918), 68 Ind. App. 474, 119 N.E. 519, 120 N.E. 709; Puritan Bed Spring Co. v. Wolfe (1918), 68 Ind. App. 330, 120 N.E. 417; Krenz v. Ferguson Coal Company (1926), 85 Ind. App. 347, 154 N.E. 35; State v. Gageby (1933), 95 Ind. App. 681, 184 N.E. 190; The Studebaker Corp. v. Jones (1937), 104 Ind. App. 270, 10 N.E. (2d) 747.” See also, Tonn and Blank, Inc. v. Curtis (1967), 141 Ind. App. 115, 226 N.E.2d 551 (malignant tumor aggravated by trauma); Blackfoot Coal & Land Corp. v. Cooper (1950), 121 Ind. App. 313, 95 N.E.2d 639 (cancer aggravated by strain).

Under circumstances such as before us, another, perhaps more appropriate method of determining the causal connection between the industrial accident and the death is whether the trauma and the pre-existing illness combined to hasten the death. As stated by the Appellate Court in Victor Oolitic Stone Co. v. Crider (1939), 106 Ind. App. 461, 19 N.E.2d 478, 480:

*85 “We think that the evidence is sufficient to sustain the conclusion of the board that there was a causal connection between the head injury on the 7th day of December, 1937, and the death of the employee which followed on February 8, 1938. In order to be com-pensable, such injury, where there is such causal connection, need not be the sole cause of the death but need only to be a contributing or concurring cause. See Miami Coal Co. v. Luce, 76 Ind. App. 245, 131 N.E. 824; Indiana Power & Water Company v. Miller, 73 Ind. App. 521, 127 N.E. 837; Bucyrus Company v. Townsend et al., 65 Ind. App. 687, 117 N.E. 656; National Rolling Mill Company et al. v. Kish, 80 Ind. App. 331, 139 N.E. 454.” See also, Eureka Chevrolet Co. v. Franklin (1956), 126 Ind. App. 435, 131 N.E.2d 330.

Whether the situation is viewed as one of “combination” or “aggravation”, the ultimate test is simply whether the death occurred as a proximate result of the industrial injury. Small, Workman’s Compensation Law of Indiana, §§ 5.4, 6.2-6.3, 6.20. There is adequate medical evidence to support the conclusion that under either theory, Max’s death was a proximate result of injuries sustained when he was crushed between the two trucks.

The testimony of the medical witnesses supporting the findings of the Board may be summarized as follows: Max suffered latent, asymptomatic leukemia at the time of the accident; no one could accurately forecast the lifespan of someone in that condition but it could be as long as 15-20 years, with remissions. Dr.

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321 N.E.2d 766, 163 Ind. App. 81, 1975 Ind. App. LEXIS 995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noble-county-highway-department-v-sorgenfrei-indctapp-1975.