Kleman v. Ford Motor Co.

Yetka, Justice.

The relator seeks review of a decision ¹ of the Workers’ Compensation Board affirming the compensation judge’s award of dependency benefits to respondent, widow of the deceased employee. The critical question before the board and on appeal is whether the employee’s heart attack arose out of and in the course of his employment. We affirm.

The employee died at 3:10 p. m. on January 25, 1973. The cause of death was atherosclerotic heart disease with acute myocardial infarction. The employee was 52 years old when he died. He was overweight and had been treated for hypertension since the summer of 1972. In August 1972 he was treated for edema of both legs. This was considered at the compensation hearing as an indication of some degree of heart failure. He also had a borderline high serum cholesterol. The ¿utopsy disclosed that the employee had an advanced condition of degenerative atherosclerotic heart disease.

The autopsy was performed by Dr. Frank Kapps approximately 3 hours after employee’s death. Microscopic examination disclosed a very recent thrombus (blood clot) at the pinpoint lumen of the coronary artery. Dr. Kapps estimated that the thrombus formed within 24 hours of death. Microscopic examination disclosed physical change in the coronary tissue which indicated that the infarction process had begun at least 12 hours before death. Dr. Kapps testified that process most likely began about 24 to 30 hours before death, but with 48 hours as an outside maximum. He stated that the infarction could have been caused by or could have caused the thrombus. He couldn’t state which with any degree of certainty.

Quite a bit of testimony was presented in regard to employee’s duties at work. It is apparent that some of his duties were not physically taxing while others were, such as lifting door panels and piling them to maintain inventory levels. The employee had been working mandatory overtime for several months prior to his death, including 10 hours each day of the week of his death. He had occasionally complained about the overtime.

His wife testified as to his demeanor during the week of his death. During the week he appeared tired and irritable and complained about too much walking, strenuous reaching, and stretching. On Monday evening he looked all right. On Tuesday night he complained of chest pains and stated that he had been doing heavy lifting and strenuous reaching. On Wednesday he was again tired and irritable and complained about heavy lifting. However, he slept soundly both Tuesday and Wednesday nights.

On Thursday he got up as usual to begin work at 5 a. m. As was his custom, he called his wife at 8:45 a. m. He asked her to pick up a bottle of Pepto Bismol if she went to the drugstore and added that he would not work overtime if he didn’t feel any better by 1:30 p. m. At approximately 2:40 p. m., after talking to Louis Williams for 4 or 5 minutes at his work area, the employee went limp and fell.

In response to the questions of the compensation judge, Dr. Kapps expounded on his view of the specific etiology of death. The myocardial infarction occurred at least 12 hours before his death which would put it before starting work the day of his death. Although he thought that the thrombus in the right coronary artery probably caused the infarction, he was not certain of this. He felt that this occlusion was not necessarily fatal. He also could not say whether the employee had another myocardial infarction at work.

Dr. Thomas Russell, a cardiologist, testified for the employer. Based on the employee’s record of treatment with his family doctor, his medical records with the employer and the autopsy report, Dr. Russell cited cardiac arrest from myocardial infarction secondary to severe atherosclerotic coronary artery disease as the cause of death. It was his opinion that employment was not a substantial causal factor in employee’s death.

On cross-examination, Dr. Russell admitted the possibility of a strain at work the day prior to death causing the infarction. In response to a question of the compensation judge, he attributed the final demise to ventricular fibrillation or ventricular standstill or absence of electrical activity.

The compensation judge found that the employee’s heart attack arose out of and in the course of his employment. The board found that the evidence as a whole supported that determination and our examination of the record leads us to the same conclusion. Accordingly, the decision of the board will not be disturbed on appeal.

Respondent is allowed attorneys fees of $350 on this appeal.

Affirmed.

1 Three opinions were filed by the commission including a dissenting opinion of Commissioner James Pomush.