38. Charles Elmer(3) SMITHGALL (Samuel LaRue², John Fredrick¹) was born 04 Aug 1887 in Lycoming Co., Pennsylvania, and died 14 Jul 1918 in Lycoming Co., Pennsylvania. He married Nellie V. WEAVER, daughter of Charles A. Weaver and Hannah E. Smith. She was born 29 Aug 1884 in Pennsylvania, and died 21 Dec 1964 in Lycoming Co., Pennsylvania.

Volume IV; Decisions of the Pennsylvania Workmen's Compensation Board for the Year 1919

Smithgall v. State Workmen's Insurance Fund
(5 Dept. Reports 1035)

Accident - Aggravation and acceleration of pre-existing condition.

If being found that diabetes miletus and nephritis, from which an employee died, developed immediately after and were excited into action by a fall sustained by decedent while in the course of his employment, the dependents were awarded compensation.

Appearances.

Claimant's counsel, M. C. Rhone, Williamsport.
Defendants' counsel, Samuel I. Spyker, Huntington.

OPINION BY THE BOARD - May 23, 1919

Hearing de novo at Williamsport.

This case was heard before the board at the office of Referee Champion, Williamsport, Pa., Saturday, March 29, 1919. The Hearing de novo was ordered by the Board upon the argument of the appeal from the award of the Referee. At the time of the hearing the testimony which had been taken before the Referee was adopted by the Board and additional testimony was also heard.

Findings of Fact.

1. The Koch Brewing Co. carried its compensation insurance in the State Workmen's Insurance Fund and made a report on the 15th of June, 1918, within seven days from the accident, to the State Workmen's Insurance Fund as required by Section 20 of the Act No. 340, approved June 2, A.D. 1915, page 762, providing for the creation and administration of the State Fund. The State Workmen's Insurance Fund has accordingly been substituted as defendant.

2. Charles Elmer Smithgall was employed by the foreman of the Koch Brewing Co., So. Williamsport, in the early part of June, 1918 at general labor about the brewery. In the engine room back of the boilers is a hole about 18 inches long and from six to eight inches wide in the cement floor, and into which pipes from the boiler lead, the purpose of this hole is to enable an examination to be made of pipes beneath the floor; this opening was ordinarily covered by a iron plate.

On June 11, 1918, on account of the necessary repairs the iron plate was removed and the hole was open. It was the custom of the employees to hang their coats back of the boilers. The claimant's husband walked behind the boilers this day and accidentally stepped into this uncovered hole and in some manner fell, twisting or striking his right side against some object in the region of the wrist line and lower ribs. No X-ray was taken to determine definitely the nature of the injury. Dr. Lyon, who afterwards called to examine the claimant's husband, found him complaining of considerable pain in the right side and detected a green-stick fracture of the seventh rib.

3. When Charles Elmer Smithgall came home from work, June 11, 1918, he complained to his wife, the claimant, of severe pain in his right side and shortly thereafter his health began to fail, he lost weight and vitality and became sick and debilitated so that he was not able to do any work of any kind, the claimant herself being obliged to go out and service in a lumber camp to help maintain the family.

4. The usual occupation of the claimant's husband was that of woodsmen. At the time of his death he was just over 30 years of age and prior to the occurrence in the boiler room of the brewery he had been in good health, was a steady worker at heavy labor and he had no occasion to call for attention of a physician during his entire married life covering a period of nine years.

5. From a consideration of the medical testimony the Board finds that diabetes miletus may be originally caused by traumatism or shock, or if the disease is present in the system independent of any traumatism it may be accelerated or aggravated as a result of debility and infection consequent upon any serious injury; that the injury sustained by the claimant's husband June 11, 1918, while in the course of his employment with the Koch Brewing Co., was the direct or exciting cause of the diabetes miletus and nephritis, the immediate causes of the employee's death.

6. That the claimant, Nellie Smithgall, was the lawful wife of Charles Elmer Smithgall, the deceased employee, and that they lived together at the time of his death; that the claimant is also the mother of the following children of the deceased employee: Ruth Smithgall, born December 19, 1909; Larue Smithgall, born October 8, 1911 and Marguerite Smithgall, born May 4, 1914, and that the claimant and her children were dependent upon the deceased employee for support at the time of his death.

7. That the claimant's husband and the Koch Brewing Co. were subject to the terms of the Workmen's Compensation Act of 1915, and that the average weekly wages of the deceased were $18, payable weekly.

8. That the funeral expenses were in excess of $100, no part of which has been paid by Koch Brewing Co., or the substituted defendant, the State Workmen's Insurance Fund.

Conclusion of Law.

In accordance with the foregoing findings of fact the Board concludes that the claimant and her children are entitled to compensation under provisions of Section 307 of the Compensation Act of 1915.
(The award follows.)