Workmen's Compensation — Porter — Death — Unexplained cause — Evidence — Sufficiency.
In a claim under the Workmen's Compensation Act to recover for the death of the claimant's husband, the evidence established that the decedent was employed as a porter and that the lifting of heavy weights was among his duties. The claimant's testimony established that the decedent arrived at the defendant's premises in good health early in the morning, and that approximately two hours later he was found lying on the floor apparently in great pain. There was no competent evidence of what happened in the interval between his arrival and his being found on the floor. A post mortem examination disclosed that a lung had been torn from its place, and the esophagus ruptured, and that the wounds were fresh. Furthermore, there was medical testimony that the probable cause of death was external violence; that the wounds found could have been caused by violent stretching, and that a medical examination of the parts eliminated disease as a cause of the decedent's death.
Held: 1. That there was ample evidence to support the finding of the Workmen's Compensation Board, and 2. That the award for the complainant will be affirmed.
An accident sustained in the course of employment from an unexplained cause is compensable. Where the death is accidental it is not incumbent upon a claimant to show the exact nature of the accident or just how it occurred.
Argued October 1, 1930.
PER CURIAM, November 13, 1930:
The judgment is affirmed upon the opinion of the learned president judge of the court below.