{
  "id": 8553453,
  "name": "EDITH S. KING, Widow of HAROLD B. KING, Deceased Employee, Plaintiff v. EXXON COMPANY, Employee, Self-Insurer, Carrier Defendant",
  "name_abbreviation": "King v. Exxon Co.",
  "decision_date": "1980-05-20",
  "docket_number": "No. 7910IC1059",
  "first_page": "750",
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          "parenthetical": "evidence that decedent was found at the foot of a flight of stairs, that he sustained a skull fracture, and that a contusion of the brain resulted in death"
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          "parenthetical": "evidence that decedent received a fatal blow when he fell and his head struck concrete"
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          "parenthetical": "evidence that decedent received a fatal blow when he fell and his head struck concrete"
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          "parenthetical": "evidence that the cause of death was bleeding from a laceration received in a fall"
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  "last_updated": "2023-07-14T21:32:37.131990+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
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  "casebody": {
    "judges": [
      "Judges Hedrick and Erwin concur."
    ],
    "parties": [
      "EDITH S. KING, Widow of HAROLD B. KING, Deceased Employee, Plaintiff v. EXXON COMPANY, Employee, Self-Insurer, Carrier Defendant"
    ],
    "opinions": [
      {
        "text": "ARNOLD, Judge.\nThe facts found by the Commission are conclusive on appeal, G.S. 97-86, and the scope of our review is the limited determination of whether there was presented competent evidence to support the Commission\u2019s findings. Willis v. Reidsville Drapery Plant, 29 N.C. App. 386, 224 S.E. 2d 287 (1976). In order to recover under the Worker\u2019s Compensation Act (Chapter 97 of the General Statutes) plaintiff is required to prove that the injury which resulted in death (1) was caused by an accident, (2) arose out of the employment, and (3) was sustained in the course of the employment. Gallimore v. Marilyn\u2019s Shoes, 292 N.C. 399, 233 S.E. 2d 529 (1977). The Commission found that \u201c[t]here [was] no [evidence] with respect to decedent having any bruises, lacerations, abrasions, or other physically observable indicia of a trauma or fall, nor did x-rays reveal any fractures,\u201d and that \u201c[d]ecedent did not sustain an injury by accident arising out of and in the course of his employment.\u201d Plaintiff contends that there is no evidence to support these findings, and that in fact the evidence compels a finding that a fall caused the injury which led to decedent\u2019s death.\nDr. Adcock, a neurosurgeon, gave his expert opinion about what caused the aneurysm to rupture:\nIt is my opinion that if the Commission finds as a fact Mr. King\u2019s bodily contact with the flat solid concrete surface and particularly his head\u2019s contact with the flat concrete surface and including \u201cstraining and lifting computers and all\u201d that could have and probably did aggravate the pre-existing aneurysm to such an extent as to cause rupture or leakage and accelerate Mr. King\u2019s death.\nIt is also my opinion that the squatting and crouched position in which Mr. King had to change the computers weighing 50 to 60 pounds combined with the manual labor involved in loosening the nuts and working in close quarters and then lifting, installing and taking out computers could have and probably did elevate Mr. King\u2019s blood pressure to such an extent as to cause a rupture or leak in the preexisting congential [sic] aneurysm and lead ultimately to his death.\nIt would pop if you had a system like the body and squatted down and strained r\u00e9ally hard or lifted machinery. It is very common that people rupture aneurysms already there by such as that.\nMost commonly in a history of congenital aneurysm rupture occurs during the act of sexual intercourse. It is also common in people drilling overhead, pulling on heavy wrenches.\nPlaintiff relies upon the first quoted paragraph, arguing that the rupture itself is evidence that a fall occurred. This is not what the doctor testified, however. It was his testimony that if a fall brought decedent\u2019s head into contact with the concrete, this probably caused the aneurysm to rupture. He also testified, however, that the strain upon decedent from the position in which he was working probably caused the rupture. In light of this testimony, and the fact that no other evidence was presented to show that a fall caused decedent\u2019s injury, we find that the evidence supports the Commission\u2019s findings. The \u201cfall\u201d cases cited by the plaintiff are not on point, since in none of them was there any evidence that the decedent had a pre-existing condition which without a fall could have caused his death, as is the case here. See Taylor v. Twin City Club, 260 N.C. 435, 132 S.E. 2d 865 (1963) (evidence that the cause of death was bleeding from a laceration received in a fall); DeVine v. Dave Steel Co., 227 N.C. 684, 44 S.E. 2d 77 (1947) (evidence that decedent received a fatal blow when he fell and his head struck concrete); Calhoun v. Kimbrell\u2019s, Inc., 6 N.C. App. 386, 170 S.E) 2d 177 (1969) (evidence that decedent was found at the foot of a flight of stairs, that he sustained a skull fracture, and that a contusion of the brain resulted in death).\nIn its \u201cComments\u201d to its findings of fact, the Commission indicated that there was no evidence that at the time of his injury decedent \u201cexerted unusual or extraordinary effort, stress, or strain so as to constitute an interruption of his regular work routine and thus establish a compensable injury.\u201d In spite of plaintiff\u2019s arguments to the contrary, we find that the evidence supports this finding. Plaintiff testified that decedent was employed by Exxon as a traveling mechanic \u00e1nd that he talked to her \u201clots of times about the installation of meters or computer pumps. ... To work on the pumps he would have to get into a cramped position. He . . . would have to stoop down and work up under a pump . . . .\u201d There is no evidence that decedent was performing any but this usual work at the time of his injury. The Commission properly found that this evidence does not show an injury by accident. \u201cNo matter how great the injury, if it is caused by an event that involves both an employee\u2019s normal work routine and normal working conditions, it will not be considered to have been caused by accident.\u201d Searsey v. Perry M. Alexander Const. Co., 35 N.C. App. 78, 80, 239 S.E. 2d 847, 849, cert. denied 294 N.C. 736, 244 S.E. 2d 154 (1978); see also Ferrell v. Montgomery & Aldridge Sales Co., 262 N.C. 76, 136 S.E. 2d 227 (1964); Harding v. Thomas & Howard Co., 256 N.C. 427, 124 S.E. 2d 109 (1962).\nPlaintiff assigns error to the Commission\u2019s statement in its \u201cComments\u201d that a particular notation in decedent\u2019s medical records was \u201cwithout probative value.\u201d We find no prejudice to plaintiff from this statement, however, since the notation referred to stated only that decedent \u201c \u2018collapsed while working at a gas pump at a Station, according to attendant,\u2019 \u201d and other evidence of the same import was before the Commission.\nThe Commission concluded that plaintiff\u2019s Exhibit 8 was not admissible into evidence because it was hearsay, and plaintiff assigns error. Since Exhibit 8 was not included in or filed with the record on appeal, however, we have no basis for determining that the Commission erred.\nThe Commission\u2019s findings are supported by competent evidence, and its opinion is\nAffirmed.\nJudges Hedrick and Erwin concur.",
        "type": "majority",
        "author": "ARNOLD, Judge."
      }
    ],
    "attorneys": [
      "Young, Moore, Henderson & Alvis, by B. T. Henderson II and Walter Brock, Jr., for plaintiff appellant.",
      "Moore & Van Allen, by John T. Allred and Robert D. Dear-born, for defendant appellee."
    ],
    "corrections": "",
    "head_matter": "EDITH S. KING, Widow of HAROLD B. KING, Deceased Employee, Plaintiff v. EXXON COMPANY, Employee, Self-Insurer, Carrier Defendant\nNo. 7910IC1059\n(Filed 20 May 1980)\nMaster and Servant \u00a7 55.3\u2014 workers\u2019 compensation \u2014 death not result of accident\nThe Industrial Commission properly determined that the death of a traveling mechanic who replaced computers in gas pumps at service stations did not result from an accident arising out of and in the course of his employment where decedent was found lying unconscious on his back on the concrete next to a gas pump on which he was working; decedent had hemorrhaged from the rupture of a congenital aneurysm in the left carotid artery; in order to perform his work, decedent had to crouch down and lift computers weighing 50 to 60 pounds up into the pumps; the strain upon decedent from the position in which he was working could have caused the aneurysm to rupture; there was no evidence that decedent had any bruises, lacerations, abrasions or other physical indicia of a trauma or fall; and there was no evidence that decedent was doing anything but his usual work at the time of his injury.\nAPPEAL by plaintiff from the Full Industrial Commission. Opinion filed 5 June 1979. Heard in the Court of Appeals 24 April 1980.\nPlaintiff seeks to recover worker\u2019s compensation death benefits for the death of her husband. Commissioner Vance heard the case, made findings of fact, and concluded that decedent\u2019s death resulted from an injury by accident arising out of and in the course of his employment. Defendant appealed to the Full Commission. The Commission, Chief Deputy Commissioner Shu-ford dissenting, set aside the award, concluding that decedent did not sustain an injury by accident arising out of and in the course of employment.\nThe evidence may be summarized as follows: Decedent was employed by Exxon as a traveling mechanic. On 1 December 1975 decedent was working at Jones Exxon, replacing computers in the gas pumps. In order to do this he had to crouch down and lift the computers, which weigh 50 to 60 pounds, up into the pumps. Jones had been talking to decedent as he worked, and Jones went away long enough to serve a customer at another pump. When he returned he found decedent lying on his back on the concrete, apparently unconscious, parallel to the gas pump island and about four feet away from it. Decedent was taken to the hospital where he was found to have a subarachnoid hemorrhage. Arteriograms revealed two large congenital aneurysms of the left internal carotid artery. Surgery was performed on 23 December, but on 29 December decedent hemorrhaged again from the aneurysm. His condition continued to deteriorate, and he died on 7 January.\nFrom the Commission\u2019s denial of benefits, plaintiff appeals.\nYoung, Moore, Henderson & Alvis, by B. T. Henderson II and Walter Brock, Jr., for plaintiff appellant.\nMoore & Van Allen, by John T. Allred and Robert D. Dear-born, for defendant appellee."
  },
  "file_name": "0750-01",
  "first_page_order": 778,
  "last_page_order": 782
}
