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eBook details

• Title: Harbor Marine Contracting Co. v. Lowe
• Author : Second Circuit Circuit Court Of Appeals
• Release Date : January 24, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

This appeal raises the issue whether aggravation of a heart condition of an employee, induced by his work and working conditions, and his resulting death constitute "accidental injury or death arising out of and in the course of employment," within the meaning of the Longshoremens and Harbor Workers Compensation Act, § 2(2), 33 U.S.C.A. § 902(2). Deceased had a condition of coronary sclerosis, a deterioration of the coronary arteries, normally of a progressive character, when, on the morning of February 15, 1943, he commenced work for the plaintiff employer in cleaning out the boiler of a ship at an East River pier.Since the air within the boiler was dusty and the ventilation poor, the workers wore cloths or masks over their noses in sweeping up the soot covering the boiler floor to a depth of several inches. After an hour, deceased complained of not feeling well and was transferred to the work of carrying bags of soot which weighed about fifteen pounds from the deck of the ship to the dock. While so engaged for about forty-five minutes, he became so ill that it was necessary to assist him to a hospital, where he was found to be suffering from a coronary thrombosis. He left the hospital March 30, 1943, but, having a severe pain over his heart April 17, re-entered on April 26 and died there May 5, 1943. His attending physician testified to a causal relation between the conditions of his work and his seizure and death; and the deputy commissioner made the necessary findings of accidental injury and gave an award to the widow against the employer and its insured, which the District Court has refused to disturb in this action. D.C.S.D.N.Y., 61 F.Supp. 964.

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