State Industrial Commission [Vol. 15] The claimant asks for compensation as widow of John C. Woodruff, growing out of his death on March 19, 1917, as the result, it is claimed, of an industrial accident. Mr. Woodruff was engaged with one Barney Meltcher on said day in hoisting with a block and fall four inch iron pipes about ten feet long. These pipes were attached to a rope in the basement, and Mr. Meltcher in the basement and Mr. Woodruff on the fifth floor were lifting same by pulling on the other end of the rope which passed through the block and fall. These pieces of pipe were about 160 or 170 pounds each. The two men had hoisted pipe in this manner to about the level of the fifth floor when Mr. Woodruff shouted "All right," and was apparently about to swing the pipe on to the floor when Meltcher felt the pipe fall to the basement with such force that he said it lifted him right off his feet. Not receiving any answer to his call as to what was the matter, Meltcher went to the fifth floor and found Mr. Woodruff lying on the floor apparently dead. The death certificate gives the cause of death as chronic endocarditis.” Dr. Kevin, a physician who had attended Mr. Woodruff for some months before and operated upon him for stone in the bladder, was of the opinion, although there was no autopsy, that the death was due to acute dilatation of the heart. Mr. Woodruff had not been in robust health for some months, as was evidenced by the serious operation that Dr. Kevin performed. He made, however, a fair and uneventful recovery, but seems to have been troubled with a bad heart for some time. The only question to be decided is whether there is proof that Mr. Woodruff died as the result of an industrial accident. Claimant in person. E. A. Willoughby, for insurance carrier. LYON, Commissioner. It is quite true, as the insurance carrier claims, that there must be some convincing proof that the cause of death was due to an accident, and that the Commission cannot [Vol. 15] State Industrial Commission presume, in pursuance of section 21 of the Compensation Law, that an accident happened, but I think under the circumstances enumerated here and under the decision of the courts and of the Commission, we are warranted in finding that Mr. Woodruff's death was due to an accident. The case of Collins against the Brooklyn Union Gas Company is not to the contrary, for in that case there was no evidence that Mr. Collins had done anything which caused the heart failure. In the present case, there is evidence that Mr. Woodruff was engaged just prior to his death in helping hoist pieces of very heavy iron pipe. Mr. Meltcher testified that he saw him loading the pipe, and his falling dead at the instant, I think, must be found to be the result of this unusual exertion. I have no doubt that had Mr. Wodruff been a healthy man with a normal heart, the exertion could have been had with perfect safety, but we have to deal with the injured man as he actually stood, and if a previously diseased heart was overburdened by the momentary exertion it is, I think, an accident within the meaning of the Compensation Law. The case of Kucera v. Dalton Machine Works is not to the contrary. That case was reversed by the Appellate Division, and subsequently dismissed by the Commission, not for failure of proof of an accident, but for failure to give the notice required by section 18 of the Compensation Law. The case of Hurley v. Consolidated Dental Manufacturing Company was dismissed because there was no proof that Mr. Hurley strained himself. The present case is not unlike the case of Gorton v. Eastern Kodak Company, decided by the Commission on April 11, 1917, Vol. 2, p. 150. In that case Mr. Gorton, who had been for a long time afflicted with heart trouble, had lifted a heavy core of film and had afterward gone into the next room and brought out an empty core and fell, bursting the aorta. In that case it was there said: "There is no direct evidence of any accident, and if an accident is to be connected as the cause of his death it must be so connected by drawing inferences from the State Industrial Commission [Vol. 15] conceded facts. There can be no doubt, it seems to me, that the lifting of one-half of a film weighing 350 or 360 pounds is a pretty severe exertion for a well man and that it was an extraordinary exertion for a man in the physical condition in which Mr. Gorton was at the time. * * * The circumstance which to * * * my mind makes this case compensatible is the fact that death followed almost immediately a heavy strain. The fact that Mr. Gorton was afflicted with heart disease long before the time of his death does not prevent the case from being compensatible, provided the Commission finds, as I think it should in this case, that the previous diseased condition was accelerated by the accident, bringing the life of the workman to a close at an earlier period than would otherwise have been the case." I think the reasoning applies with equal force to this case, and I, therefore, advise that an award be made. On the 14th day of March, 1918, the Commission acted on the foregoing matter in accordance with the foregoing opinion. In the Matter of the Claim of ELIZABETH BROCKELBANK, Widow, on Behalf of Herself and Minor Children, for Compensation under the Workmen's Compensation Law for the Death of WILLIAM J. BROCKELBANK, against EDWARD FUNK, Employer; GLOBE INDEMNITY COMPANY, Insurance Carrier Case No. 41223 (Decided March 14, 1918) Injuries sustained by William J. Brockelbank, resulting in his death, while employed by Edward Funk as a helper on an ice wagon. On August 2, 1917, William J. Brockelbank, who was employed as a helper on an ice wagon by Edward Funk, in the city of New York, was engaged in the regular course of his employment when he became affected by the heat and fell out of the wagon in which he was riding with his employer. Upon being taken to a hospital he was found to be suffering from heat stroke, and later developed delirium tremens during which he jumped from a window of the hospital and died as a result of such [Vol. 15] State Industrial Commission delirium on August 6, 1917. The average weekly wage of William J. Brockelbank was the sum of fourteen dollars and forty-two cents. Decedent left him surviving as his only dependents his widow and three sons and a daughter, all under the age of eighteen years. Awards made. William J. Brockelbank was a helper on an ice wagon on August 2, 1917. While riding on the wagon, his employer driving at the time, he complained of the heat and not feeling well. It was the hottest day of the year. His employer suggested that he ride in the back of the wagon where it was cooler; that they would go over to the dock and get a load of ice and that probably he would feel better then. Shortly thereafter Brockelbank fell out of the back of the wagon and was picked up in a semi-conscious condition and an ambulance called. He was taken to a hospital and the case diagnosed as heat prostration. He later developed delirium tremens and jumped from a window of the hospital to a roof of an adjoining building. Thereafter, and on August 6, 1917, he died, the cause of death being given as heat stroke delirium tremens. This claim came on for hearing before the State Industrial Commission at its office, No. 230 Fifth avenue, New York city, on November 28, 1917, December 5, 1917, January 14, 1918, January 24, 1918, and March 14, 1918. Robert W. Bonynge, counsel to State Industrial Commission. Robert M. McCormick, attorney for employer and insurance carrier. Claimants in person. BY THE COMMISSION.- All the evidence submitted before the Commission having been heard and duly considered, the Commission makes its conclusions of fact, award and decision, as follows: On August 2, 1917, the day when William J. Brockelbank received the injuries which later resulted in his death, he resided at No. 459 St. Marks avenue, Brooklyn, N. Y., and was employed by Edward Funk, engaged in the ice business, and in connection State Industrial Commission [Vol. 15] therewith in the operation of trucks and wagons drawn by horses. William J. Brockelbank was employed as a helper on an ice wagon. On said date William J. Brockelbank was working for his employer, and while engaged in the regular course of his employment, he was affected by the heat and fell out of the wagon; he was either thrown out by a jounce by reason of his weakened condition or the excessive heat of the day overcame him and he fell from the wagon and onto the street. He was thereafter taken to a hospital where he was found to be suffering from heat stroke, and later developed delirium tremens and died as a result thereof on August 6, 1917. Delirium tremens is sometimes caused by shock and sometimes it is produced by heat. It cannot be determined with reasonable certainty in this case whether the delirium was produced by the heat or by the fall, but probably both were contributing factors. The average weekly wage of William J. Brockelbank was the sum of fourteen dollars and forty-two cents. It does not appear whether written notice of death was given to the employer within thirty days thereafter, but it has not been established as a fact that such notice was not given, and it is, therefore, presumed under section 21 of the law that sufficient notice was given. William J. Brockelbank left him surviving Elizabeth Brockelbank, widow, aged thirty-seven years; William J. Brockelbank. son, aged ten years; Harold Brockelbank, son, aged eight years; Arthur Brockelbank, son, aged six years, and Margaret Brockelbank, daughter, aged three years, the claimants herein. Award of compensation is hereby made against Edward Funk, employer, and Globe Indemnity Company, insurance carrier, to the widow and minor children of William J. Brockelbank, deceased employee, as follows: To Elizabeth Brockelbank, widow, aged thirty-seven years, at the rate of four dollars and thirty-three cents weekly during widowhood, with two years' compensation in one sum upon remarriage;, to William J. Brockelbank, son, aged ten years; to Harold Brockelbank, son, aged eight years; to Arthur Brockelbank, son, aged six years, and to |