High Court of Australia
ite
62 C.L.R.] OF AUSTRALIA. 317
(HIGH COURT OF AUSTRALIA.)
HETHERINGTON é . : z : . APPELLANT ; CLAIMANT,
AND
LIMITED RESPONDENT,
AMALGAMATED COLLIERIES OF ee RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.
Workers' Compensation—Personal injury by accident—Worker suffering from coronary 41 ¢. op A.
arterio-sclerosis—Death caused by occlusion of coronary artery—Occlusion due to 1939.
disease and worker's exertion—Workers' Compensation Act 1912-1934 (W.A.) we
(No. 69 of 1912—No. 36 of 1934), s. 6 (1).* MELBOURNE, Oct. 16.
'The body of a worker who followed the occupation of a miner was found dead" during his working hours in a roadway between the coal-face where he had SypNEY, been working and the surface of his employer's mine. The worker was in the Nov. 28. act of returning to the surface, and immediately prior to his death had ascended.
a series of steps sixty yards in length and walked along an incline thereafter for _fiiti'Starise? about one-quarter of a mile to the place where his body was found. A post- Pixon, Evatt, mortem examination disclosed that his coronary artery was in an advanced MeTiernan JJ.
state of arterio-sclerosis and that an occlusion or obliteration of that artery cansed his death. On a claim by the worker's widow for compensation under the Workers' Compensation Act 1912-1934 (W.A.) the magistrate found on the medical evidence that the worker was likely to die at any time as a conse-
5 quence of the disease but that the exertion which he had undertaken and the conditions in which he had been immediately prior to his death had contributed to or accelerated his death.
* Sec. 6 (1) of the Workers' Compen- instructions, is caused to a worker, sation Act 1912-1934 (W.A.) provid his employer shall, subject as herein- "Tf in any employment personal injury _ after mentioned, be liable to pay com- by accident arising out of or in the sation in accordance with the First course of the employment, or whilst the Schedule." worker is acting under the employer's
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