Cox v. Employers Mut. Liability Ins. Co. of Wis., 45602
| Decision Date | 15 October 1970 |
| Docket Number | No. 45602,No. 3,45602,3 |
| Citation | 122 Ga.App. 659,178 S.E.2d 287 |
| Parties | Willie COX v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN et al |
| Court | Georgia Court of Appeals |
C. C. Perkins, Carrollton, for appellant.
George W. Mullins, Jr., Atlanta, for appellees.
Syllabus Opinion by the Court
As to workmen's compensation cases involving disability following a heart attack while in the course of employment, 'it must be shown by evidence, opinion or otherwise, that the exertion attendant upon the duties of employment, no matter how slight or how strenuous, and no matter with what other factors-such as pre-existing disease or predisposition to attack-it may be combined, was sufficient to contribute toward the precipitation of the attack * * *.' The opinions of experts that the exertion shown by the evidence to exist would be sufficient is also sufficient to authorize a finding on the part of the fact-finding tribunal that it did.' Hoffman v. National Surety Corp., 91 Ga.App. 414, 417, 85 S.E.2d 784; J. D. Jewell, Inc. v. Peck, 116 Ga.App. 405, 406, 157 S.E.2d 806. If supported by any evidence the award of the hearing director, affirmed by the full board on appeal, must be affirmed. Here the evidence shows that the employee was hired after a physical examination which showed no evidence of heart disease, that he engaged in heavy manual labor, that he had been employed for about a year when he had a heart attack on the job. On the morning in question he spent a half hour loading 10 to 20 pound boxes on a truck, walked about 500 yards to another location and spent 20 minutes loading a truck with half-pound to pound cans, walked 100 yards to an embankment and commenced shoveling dirt and gravel up the embankment. The location was hot. After about 30 minutes to an hour of shoveling the claimant was stricken with disabling chest pain. He was hospitalized, returned to work 8 days later, and while sweeping, mopping and emptying garbage cans suffered another attack. He has heart disease and is totally and permanently disabled from work. A medical witness testified:
The above testimony is sufficient to support the award in favor of the claimant, although all of the medical testimony indicates pre-existing heart disease, and some of the testimony explained the attack simply as pain which,...
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