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Young v. Hodgman

Supreme Court of Arizona

November 10, 1933

SADIE YOUNG, Widow of DAN YOUNG, Deceased, KNUTE YOUNG, BILLIE YOUNG and JACK YOUNG, Minor Children of Said Deceased, Petitioners,
v.
HODGMAN & MAC VICAR, Defendant Employer, THE INDUSTRIAL COMMISSION OF ARIZONA, Defendant-Insurance Carrier, Respondents

APPEAL by Certiorari from an award of the Industrial Commission of Arizona. Award affirmed.

Mr. C. H. Young and Mr. H. S. McCluskey, for Petitioners.

Mr. Don C. Babbitt (Mr. Emil Wachtel, of Counsel), for Respondent Commission.

OPINION

Page 356

[42 Ariz. 371] PER CURIAM

On September 19, 1931, Dan Young died at his home in Safford, Arizona, as the autopsy showed, from a fracture of his skull, at a point approximately between his right eye and right ear, or, as the doctor put it, "on the right side in the middle fossa of the skull at its anterior part." The autopsy also showed that a hemorrhage resulted from the fracture and formed a well-clotted and organized blood clot, of probably three ounces, discus shape, at or near the fracture and between the dura matter and the skull. The medical experts were not able, from the looks of the fracture and the condition of the blood clot, to state how long before his death he had received his injury. It was estimated by the medical experts all the way from twenty-four hours to several months or a year or more.

His wife, Sadie Young, and three minor children, Knute, Billie and Jack, applied to the Industrial Commission for an allowance of death benefits upon the ground that Dan Young's injury arose out of and in the course of his employment by Hodgman & Mac Vicar, in road cnstruction work between Winslow and Payson, Arizona, and made the Industrial Commission a party because the employer had insured against liability in the State Compensation Fund. The commission, after a long and painstaking investigation of the claim, refused compensation, and the applicants by writ of certiorari have brought the record here for review.

The question throughout was whether Dan Young suffered his head injury while working for Hodgman & Mac Vicar. He was employed by this firm in its [42 Ariz. 372] road construction from about July 18 to September 5, 1931. On August 18th, while working with a tractor used for clearing right of way for the road, he stepped or slipped against a rock and hurt his ankle. He went into Winslow on the 19th and saw Dr. J. W. Bazell, who treated his injury, which was slight. He lost but one day on account of it. While in Winslow he obtained some medicine for headache, and he wrote his wife from there:

"I have had the headache so bad for the last ten days that I could hardly keep going. I am going to try and get something for it while I am here."

On September 24th Sadie Young wrote the Industrial Commission:

"I regret very much to have to advise you that my husband Dan Young passed away on Saturday September 19th, 1931, at 10:45 P. M. from injuries to his head received at the time he got his foot injury.

"You will please be advised that at the time he was hurt he was thrown on his head causing a blood tumor in the front of his head that finally caused his death according to the Doctors' judgment."

This letter, the employer's and doctor's reports apparently were treated as an application by Dan Young for compensation, for on October 15, 1931, the Industrial Commission made findings thereon to the effect that applicant was entitled to medical and surgical treatment on account of injury to his ankle, and that the commission had paid these. No compensation was awarded, because he was incapacitated only one day.

Thereafter, on October 29, 1931, Sadie Young made a motion for a "rehearing in the matter of the application of Dan Young for workmen's compensation," alleging that on or about August 1st, while Dan Young was attempting to extinguish a fire on or near the right of way for road "a large limb from a burning tree fell from above and struck the said Dan [42 Ariz. 373] Young on the head, knocking him to the ground . . . That because of said limb falling on the said Dan Young, he was seriously and dangerously ...


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