S & W Crane Service Inc. v. Dependents of Berard

On December 15, 1965, the decedent, George H. Berard, Jr., reported for work at the Kalihi work yard of his employer, S & W Crane Service, Inc., (herein called appellee). Upon arrival, Berard was assigned to drive two fellow employees to a nearby work site. Returning from this assignment, the decedent assisted another fellow employee in moving a crane boom section. The decedent then climbed up the side of a 60-ton crane, a vertical distance of five feet, and sat in the operators seat. After giving a horn signal to mean that he was ready to proceed, Berard slumped to the floor of the crane and died as the result of a heart attack. The dependents of George H. Berard, Jr., (herein called appellants) brought a claim for workmens compensation benefits. The hearings officer denied the claim. On appeal to the Labor and Industrial Relations Appeal Board, the hearings officer was reversed. The decision of the Appeals Board was then appealed, pursuant to HRS § 386-88 to the Circuit Court where the jury found against the appellants.