Gaffney v. Ind. Acc. Board

WORKMENS COMPENSATION, Right to by Injured Workman, Aggravation of Pre-existing Disease by Injury, Parkinsons Disease, Timeliness of Filing Claim, Purpose of Workmens Compensation Act ? STATUTES, Liberal Construction of Workmens Compensation Act ? EVIDENCE, Burden of Proof in Industrial Acident Case, Establishment of Fact by Direct, Indirect, Circumstantial Evidence, Medical Testimony. 1. Workmens Compensation ? Findings of board contrary to evidence. Findings of Industrial Accident Board, adopted by District Court, that Parkinsons disease and cerebral arterial sclerosis, and not accidental injury, were the cause of claimants disability were contrary to the preponderance of the evidence. 2. Workmens Compensation ? Effect of pre-existing disease. Where a pre-existing disease or disability is aggravated or accelerated by an injury by industrial accident, resulting disability is compensable. 3. Workmens Compensation ? Evidence sufficient to sustain accident. Evidence was sufficient to establish that injury sustained in accidental fall on hotel stairway arising out of and in course of employment was a contributing cause of total and permanent disability as a result of progressive deterioration due to Parkinsons disease and cerebral arterial sclerosis, from which claimant had been suffering for possibly many years. 4. Workmens Compensation ? Disability compensable. Where it was established that injury sustained in accidental fall arising out of and in course of employment was a contributing cause of total and permanent disability as a result of progressive deterioration due to Parkinsons disease and cerebral arterial sclerosis, such disability was compensable.