Kathleen Gjerning v. Potlatch Forests

This appeal is from an Industrial Accident Board award of death benefits to the minor children of Marvin W. Gjerning, deceased. The Board found that Gjerning's death, as a medical probability, ""was precipitated by an accidental electric shock causing cardiac arrest of a failing heart weakened by pre-existing disease."" The Board attributed one-half of the deceased's death to his preexisting heart disease and one-half to the electric shock incurred while in the performance of his duties and entered its award accordingly. I.C. § 72-323 (Supp.1965).[Footnote 1] Appellants urge on the appeal the insufficiency of the evidence to sustain the Board's finding that Gjerning suffered an electric shock which contributed to his death. The circumstances surrounding Gjerning's death are as follows: Gjerning was employed by Potlatch Forests, Inc., as an electrician at its Twin Feathers Mill in Kamiah, Idaho. On September 28, 1964, Gjerning was summoned to repair a faulty valve on a machine which controlled the flow of lumber in the mill. Connected to this valve were air hoses and electrical wires. While other workers disconnected the air hoses, Gjerning went to the electrician's room to obtain a new valve to replace the defective one. In going to the electrician's room Gjerning had to walk approximately 135 feet and down a 16-step ladder. He returned to the machine by the same route. Upon returning, Gjerning removed a plastic cover from the wires leading into the valve and began changing the wires in the valve. While doing so, a co-employee, Mr. Smith, noticed that Gjerning was pretty shaky and asked him if the ""juice"" was off. Smith then testified that Gjerning: