Beck v. State, 37162
| Decision Date | 06 June 1969 |
| Docket Number | No. 37162,37162 |
| Parties | Gertrude C. BECK, Appellee, v. STATE of Nebraska, Appellant. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
In a workmen's compensation case death caused by (1) heart disease that was a personal risk and (2) emotional strain that was an employment risk is not compensable in these circumstances: The strain was no greater than that of nonemployment life.
Clarence A. H. Meyer, Atty. Gen., Calvin E. Robinson, Asst. Atty. Gen., Lincoln, for appellant.
Mason, Knudsen, Berkheimer & Endacott, Donald E. Endacott, Lincoln, for appellee.
Heard before WHITE, C.J., and CARTER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.
A state director performing official duties experienced emotional strain that combined with chronic coronary artery disease to cause his death. The Workmen's Compensation Court initially awarded death benefits to the widow, but on rehearing it dismissed her claim. The district court on appeal reversed the order of dismissal and the State of Nebraska has appealed. We review law and facts related to causation.
Plaintiff is the widow of Leo J. Beck, who was Director of Veterans' Affairs from 1963 to his death. As director, he served on a board of inquiry and review that exercised limited jurisdiction over the Nebraska Soldiers' and Sailors' Home at Grand Island. The board had authority to recommend policy and to determine eligibility of members of the home. General management of the home was vested in the Department of Public Institutions. See Section 80--304, R.R.S.1943. The section creating the Department of Veterans' Affairs provides: Section 80--401.02, R.R.S.1943.
The emotional strain contributing to Beck's death resulted from the introduction of L.B. 128 at the 77th Session of the Nebraska Legislature (1967). The bill described a large unimproved part of the tract of land that was the site of the home. It authorized the Governor to transfer the described land to the County of Hall for educational purposes. Emotional strain on Beck was visible on February 21, 1967, at the conclusion of a telephone call to him from the office of the Governor. On the same day in response to the call Beck wrote the sponsor of the bill: 'Regarding Legislative Bill 128, these few lines will reiterate my statement made * * * last Friday to the effect that we would accept any decision that Governor Tiemann might see fit to make regarding the disposition of this bill.'
Beck in 1958 had sustained a posterior lateral myocardial infarction. An electrocardiogram in 1964 revealed residual heart damage. Beck died in Angola, Indiana, on March 4, 1967, at age 70. The attending physician wrote: 'Impression: Coronary thrombosis with acute myocardial failure...
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