Citation Numbers: 432 S.W.2d 42
Judges: Clay, Osborne
Filed Date: 9/27/1968
Status: Precedential
Modified Date: 10/1/2021
This workmen’s compensation claim was filed by the widow and child of Raymond Isaacs, who worked as a coal miner for the appellee company. The Board dismissed the claim on the ground that Isaacs’ death was not attributable to his employment. The circuit court affirmed the Board’s ruling.
On July 28, 1965, while shoveling coal, Isaacs collapsed and was sent to a hospital where he was treated for approximately a week. He was then discharged and the attending physician testified that he was “in completely good condition”. He had been suffering from severe headaches and the attending physician diagnosed an intra-
Isaacs returned to his home, and there is evidence these headaches continued. On August 20 he was sent back to another hospital. He died the following day, and the cause of his death was determined to be intracranial hemorrhaging resulting from the rupture of a blood vessel. Doctor Holbrook, who last attended Isaacs, was of the opinion that “there might be or could be” a causal relationship between the initial aneurysm and Isaacs’ work.
The controlling issue in this case was whether Isaacs’ eventual death resulted from an accident arising out of his employment. From our above recitation, it is apparent there was competent conflicting medical testimony on this point. Assuming that Dr. Holbrook’s testimony was sufficient medical proof that Isaacs’ work caused or contributed to his death, which is questionable,
The judgment is affirmed.
. See Dupriest v. Tecon Corporation, Ky., 396 S.W.2d 778.