Welding Engineers, Inc. v. Shufflebarger
Welding Engineers, Inc. v. Shufflebarger
Opinion of the Court
delivered the opinion of the court.
The coroner stated the cause of death “unknown” but held up the death certificate. Later, after further information had been furnished him and he had considered the bum on Shufflebarger’s chest, he was of opinion that Shufflebarger died of “probable electrocution”.
Shufflebarger’s body was damp with perspiration while he was in the tank and the electric light cord had been severed a short time before, but it had been repaired by wrapping tape around it. Burns were seen on the deceased at the time he was lying in the tank, and also after he was taken out of the tank. There was a large burn on the left side of his chest. Witness Gearheart, who removed Shufflebarger from the tank said: “I saw flash in dark there since light gone out. I saw the flash, I don’t know which one it was, electrode-or light. Showed that one or the other was defective”.
There was no conflict in the evidence in any material particular. The employer contends' that it did not justify the Commission in the finding that Shufflebarger was electrocuted. The conclusion of the Commission, expressed in the comprehensive opinion of Deans, Commissioner, in part, is as follows;
“The testimony of Dr. Berblinger and that of the coroner both rule out heart condition as the cause of death. The evidence as a whole indicates that this employee was working in this drum, 2% feet in diameter and 10 feet long, there was some water in the bottom of it and his clothes were damp. He had just repaired a leak with the electrode and was passing the cord, by which the current was furnished to the electrode, to another workman, and at the same time was lying on the light cord when he collapsed. There is nothing to indicate that death was due to causes other than that of electrocution. The widow was asked to permit an autopsy and gave a satisfactory reason for not complying with the request—that is, that the body had been interred; that had request been made before burial she would have complied. See Hinton v. Virginia-Carolina Chemical Co., 9 O. I. C. 200, which presents facts very similar to those under consideration. Compensation was awarded for death due to electrocution.
“The finding is made that Frank D. Shufflebarger sustained injuries by accident arising out of and in the course of his employment with Welding Engineers, Incorporated, on August 29, 1942, due to electrocution and which resulted in death.”
The facts and circumstances and the reasonable inferences to be drawn therefrom, in our opinion, amply support the conclusion of the Commission.
Attorney for the claimant has applied for an additional attorney’s fee for representing the claimant in this court. This application should be considered by the Commission in the exercise of "its discretion. For that purpose the cause will be remanded.
Affirmed and remanded.
Reference
- Full Case Name
- Welding Engineers, Inc.s v. Genesta Sparrow Shufflebarger
- Status
- Published