New Britain herald., 1925-11-24
NO COMPENSATION
IS Allowed WIDOW
(Continued from First page)

$500 NN''' p'VV W III ne pAtfolled
his beat as hereinbefore described.
'"S. On June 4, 1925, decedent re-
ported at the station house at the
usual hour, took care of the wants
or the prisoners, took them upstairs
to the pole court for trial, and aft
er adjournment OF court returned
them r. their cells and secured for
them whatever food they desired.
"S. II was then about $3.50 in the
morning and decedent went upstairs
for the purpose of taking " shower
bath before going on duty as
street patrolman. He was seen in
the shower bathroom in his under.
wear--presumably ready to take a
bath-and l infer and find that he
did take q bath, either a full bath
or a foot bath.
40. Shortly after 1000 a. m. an
officer was informed that someone
was sick IL the shower bathroom
this room being located on the Sec
ond door OF the station house, and
the desk and cells being located on
tho first floor The officer who had
been so informed went upstairs and
found the decedent sitting in a chair
before an open window The de-
cedent had his foot on the window
sill and there was on the sill raz-
or. The sill was about SO inches
from the floor and the chair of the
height OF about II inches. It Is a
fair inference from the evidence. and
find that the, decedent was sitting
IN his chair with his foot on said
window sill with the intention OF
pairing his corns before going on
street duty.
III. The officer who was sum-
moned bathed the decedents face
and hands with cold water and DR..
]. I. Kelly, who has an office around
the corner from the police station,
was summoned.
"12. DR.. Kelly arrived In a very
few minutes, gave the decedcnt some
pills and was about to prepare a
hypodermic injection when the de-
cedent slipped down In the chair
and expired.
=, "l5. The deceased had been al
lowed many privileges around the
station house that were not allowed
to the other officers because of his
long years of service in the depart
ment. He had been allowed to take
his shower bath when he desired,
and apparently to pare his corns and
shave and do other things after he
a.. h he
he went out to perform his street
duty.
~. While there is testimony
that June 4th and days Immediately
preceding we're warm days I find
from the medical testimony that the
decedent did not suffer from heat
prostration, and that heat prostra-
j. ton was not q contributory or SEQ
ondary cause OF death.
'1s. The employment OF the de-
cedent did not bring with 1t greater
exposure to the injurious results of
heat proStration than the exposure
10 which persons generally In that
community were subjected.
"le. I find that the decedent, so
Tar as is known. died OF chronic
myocarditis. This Is a general term
which In lay language means heart
disease.
at. There are many kinds of
chronic myocarditis.
"1s. Persons afflicted with said
disease die Just as often while rest
ting at home, or in bed, or IN their
sleep, as they do after being ex-
posed to exertion.
10. No one has explained Just
what type OF chronic myocarditis de-
eedent suffered from. and. lacking
this knowledge, 1t Is impossible for
any medical man to say whether or
not the exertion in the days work
was the precipitating cause Of the
acute heart attack which caused de-
cedent's death.
$50. I cannot find any unusual
e1ertion In the decedent's days work
on the day Of his death. His work,
on the whole, was Of the light type.
"@1. The claimant Is the widow
Of the decendent and was living
support from him at the time Of his
death. She was totally dependent
upon him within the meaning Of the
act.
"22. The claimant has failed TO
sustain the burden of proving that
the deccdents death arose out OF
and in the course Of his employment.
"2S. The claim OF the claimant as
set forth In paragraph hereof as to
dependency Is sustained. Her other
claims are overruled. The claim OF
the respondent. that said death did
not arise out OF and in the course
Of decedent's employment. is sus-
tanned.
Memorandum OF decision is at
tached hereto and Is made a part
hereof.
"Whereupon It Is adjudged, de-
creed and ordered that the claim OF
the claimant be and the same hereby
is dismissed.
George J. Noonan,
Compensation Commissioner"
Memorandum of Decision
There was apparently no autopsy
In this case. II there had been 1t is
likely that some medical man could
testify definitely and positively as to
whether or not the excrtion Of the
decedent's employment precipitated
the heart attack which caused his
death. gather from a review of
the entire medical testimony that no
physician-neitheT u specialist nor
one in general practice--can honest
ly and positively state, not knowing
the exact heart condition which
caused the death. whether eXertion
played any part therein. The tesi-
mony OF DR.. Emmett vas given be-
fore he had heard the work of the
, deceased on that day described and
he was not recalled to the stand.
DR.. Kelly, who is an excellent gen