Schofield v. White

95 N.W.2d 40, 250 Iowa 571, 1959 Iowa Sup. LEXIS 481
CourtSupreme Court of Iowa
DecidedFebruary 10, 1959
Docket49514
StatusPublished
Cited by15 cases

This text of 95 N.W.2d 40 (Schofield v. White) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schofield v. White, 95 N.W.2d 40, 250 Iowa 571, 1959 Iowa Sup. LEXIS 481 (iowa 1959).

Opinion

*573 Garrett, J.

It is alleged in this case that for some ten years prior to Ms death, Melvin J.. Schofield was in the employ of Rollin S. White, doing business as White Furniture Store in the town of LamoM, Iowa, and that on the morning of Monday, April 21, 1952, while he was engaged in carrying folding chairs from the basement of the furniture store where he worked to the display rooms upstairs, and after he had gone some distance up the stairs, carrying six chairs on each arm, he lost his balance and fell backwards upon the cement floor and sustained severe injuries. One week later, while under a doctor’s care, soon after eating his lunch he went to his bedroom, locked the door and took his life by firing a 22-caliber bullet into Ms head at a point slightly anterior to the upper part of Ms right ear.

When Mrs. Schofield, claimant, heard what she thought was the report of a rifle shot she went to the door of the bedroom and, finding it locked, called her brother who lived near by. When he arrived and opened the door he found Schofield’s lifeless body lying on the floor, his rifle partly under his body and pointing away from him and a half-burned and still burning cigarette under his leg. Claimant, upon filing her petition, assumed the arduous task of proving by competent evidence that the injuries sustained by her husband, when he fell and struck his head on the basement floor, were the proximate cause of his later taking his life. The defense was that there was no causal connection between the death caused by the gunshot wound and the prior on-the-job injury. On arbitration hearing the deputy industrial commissioner, as sole arbitrator, awarded compensation. On review, the commissioner held there was a causal connection between the injury on April 21, 1952, and the death on April 28, 1952, designated the widow, Beulah S. Schofield, as the claimant and awarded compensation. On appeal the district court affirmed the commissioner.

The employer stated the errors relied on for reversal as follows:

“(1). That the decision and award of the commissioner is not supported by substantial evidence. That the facts found by the commissioner do not support the decision and award. That the facts found by the commissioner (1) that the death by gunshot wound on April 28, 1952, was suicidal, rather than *574 accidental, (2) that the suicide was involuntary, (3) that the employee underwent a change of personality and mental derangement from an on-the-job accident of April 21, 1952, and (4) that there was a causal connection between the on-the-job accident, and the subsequent death by suicide, are not supported by sufficient competent evidence and must be set aside.
“(2). The ultimate finding by the commissioner was a conclusion of law. There was no material conflict in the evidence as to the controlling facts. If the conclusion is one of fact, it is unsupported by sufficient competent evidence to. warrant the decision and order. That the district court erred in failing to reverse the award.
“(3). The commissioner erred in allowing compensation to the surviving spouse, because no proceeding for compensation was commenced by her within two- years from the date of the injury causing death. Her claim was. barred by the special statute of limitations included as a. part of the act.”

I. Section 86.29, Code, 1958', provides: “* * * In the absence of fraud the findings of fact made by the industrial commissioner within his powers shall be conclusive.” Section 86.30, Code, 1958, is as follows:

“86.30 Decision on appeal. Any order or decision of the industrial commissioner may be modified, reversed, or set aside on one or more of the following grounds and on no other:
“1. If the commissioner acted without or in excess, of his powers.
“2. If the order or decree was procured by fraud.
“3. If the facts found by the commissioner do not support the order or decree.
“4. If there is not sufficient competent evidence in the record to warrant the making of the order or decision.”

We said, in Featherson v. Continental-Keller Co., 225 Iowa 119, 120, 121, 279 N.W. 432, 433: “As a general proposition it will not be denied that the finding of the industrial commissioner on disputed questions, of material fact is conclusive upon this and the district court. Our views were well expressed by Powers, J., in Shepard v. Carnation Milk Co., 220 Iowa 466, appearing at pages 469, 470, 262 N.W. 110, 112, in this language:

*575 {Tn the consideration of this, question, the limitation upon the power of the court in compensation cases: must be kept clearly in mind. The purpose of the enactment of such legislation was to avoid litigation, lessen the expense thereof, and afford an efficient and speedy tribunal to determine and award compensation. Flint v. City of Eldon, 191 Iowa. 845, 183 N.W. 344. To that end the act provides that, in the absence of fraud, the findings of the industrial commissioner on the facts are conclusive. The act contemplates that all controversy over disputed questions of fact shall end with the findings of the industrial commissioner. Section 1452, Code 1931. It is not the province of the court to review the evidence and determine whether or not it believes that the industrial commissioner reached a correct conclusion on the facts. We may well repeat here what we said in the case of Flint v. City of Eldon, supra, by way of quotation from a New York case (Rhyner v. Hueber Bldg. Co., 171 App. Div. 56, 156 N. Y. S. 903):
‘ “It was the purpose of the legislature to create a tribunal to do rough justice — speedy, summary, informal, unteehnical. With this scheme of the legislature we must not interfere; for, if we trench in the slightest degree upon the prerogatives of the commission, one encroachment will breed another, until finally simplicity will give way to complexity, and informality to technicality.”
‘The task of the court is to' enforce this legislative scheme, not to interfere with it. If, therefore, there is evidence from which the industrial commissioner could have found as he did, the court must not interfere with such findings. Section 1453, Code 1931.’ ”

More recent support for this proposition may be found in City of Emmetsburg v. Gunn, 249 Iowa 297, 86 N.W.2d 829, and cases cited therein.

II. The employer challenges the finding by the commissioner that the death by gunshot wound was suicidal rather than accidental. No compensation shall be allowed for an injury caused by the employee’s wilful intent to injure himself. Section 85.16, Code, 1958; Reddick v. Grand Union Tea Co., 230 Iowa 108, 296 N.W. 800. Suicide, where wilful intent is present, is clearly a bar to compensation. Nor will *576 compensation be allowed where death results from an accident in no way connected with the employment.

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Bluebook (online)
95 N.W.2d 40, 250 Iowa 571, 1959 Iowa Sup. LEXIS 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schofield-v-white-iowa-1959.