United States Fidelity & Guaranty Co. v. Holland
United States Fidelity & Guaranty Co. v. Holland
Opinion of the Court
The State Board of Workmen’s Compensation awarded compensation to the widow of John Holland for his death allegedly caused by an accident arising out of and in the course of his employment. The award was affirmed by the superior court, and the Nehi Corporation, the employer, and its insurance carrier excepted. The employer admitted that John Holland received an injury on April 17, 1955, by falling down stairs on the premises where he was a watchman. He was carried immediately to a hospital where he was under the care of Dr. George R. Connor who testified in substance: That he examined and X-rayed Mr. Holland and made a diagnosis of contusion of his spine, sprain of his back, contusion of his pelvis and left indirect inguinal hernia; that he was placed on bed rest, given supportive treatment and X-rayed again on several occasions and that on April 26th his hernia became strangulated requiring an operation; that Mr. Holland made a normal post
There was also evidence that the deceased had complained to several persons about having a headache. One complaint was
The award of compensation was based on the findings that the deceased complained of headaches to various people before he was first carried to the hospital and on the theory that the deceased died during disability and that there was a presumption that the accident contributed to the death.
Dr. Connor testified that the hernia and the operation to repair the hernia combined could possibly have been a contributing cause of the cerebral hemorrhage. Dr. Connor further testified that he did not check the deceased for a possible cerebral hemorrhage due to trauma because the deceased did not complain to him of headaches or of any other symptom of cerebral hemorrhage. The doctor in effect also testified that if the deceased had fallen down a flight of concrete steps and later became paralyzed, and if the deceased had complained to anyone of headaches, such would be a symptom of subdural hematoma.
We think that the evidence authorized the board to make one of two reasonable inferences, or both: one, that the hernia and the corrective operation combined to contribute to the incident of the cerebral hemorrhage; and two, that because the deceased had complained of headaches immediately after his fall and for some time thereafter, such headaches were symptoms of subdural hematoma resulting from trauma produced by the fall.
Any opinion Dr. Connor may have expressed disassociating the cerebral hemorrhage from the fall was based on the fact that the deceased had not complained to him of headaches. But Dr. Connor testified that if the deceased had complained of headaches even to someone else, his opinion and possible diagnosis would have been different.
Since the evidence authorized the finding that the decedent’s death was caused or contributed to by an accident in the course of and arising out of his employment, the court did not err in affirming the award granting compensation.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.