Ideal Cement Co. v. Oklahoma State Indus. Court, 44430
| Decision Date | 02 June 1971 |
| Docket Number | No. 44430,44430 |
| Citation | 486 P.2d 712 |
| Parties | IDEAL CEMENT COMPANY, Own Risk Insurance Carrier, Petitioner, v. OKLAHOMA STATE INDUSTRIAL COURT and Lillian Ella Allison, Respondents. In the Matter of the Death of Perry Wade ALLISON. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court
When the evidence reflects that the deceased at the time he sustained a heart attack was doing exactly the same type of work normally required, which work does not require undue exertion or unusual strain, and the attack is unconnected with either additional duties, an increased workload or other factors causing strain, there is no causal connection between the heart attack and the work under the provisions of the Workmen's Compensation Act.
Original proceeding to review an order of the State Industrial Court; A. L. Voth, Trial Judge.
Original proceeding to review an order of the State Industrial Court, sitting en banc, affirming an award entered by the trial judge allowing the claimant death benefits for the death of her husband, Perry Wade Allison, under the provisions of the Oklahoma Workmen's Compensation Act. Award vacated.
Frank H. Jaques, Lambert, Roberts, Jaques & Heard, Ada, for petitioner.
James F. Fellingham, Oklahoma City, for respondents.
There is presented here for review an order of the State Industrial Court sitting en banc affirming an order of the trial judge, awarding Lillian Ella Allison (claimant) death benefits under the provisions of the Workmen's Compensation Act for the death of her husband Perry Wade Allison (deceased) from a heart attack.
The question presented on review is whether there is competent evidence to support a finding of causal connection between the death of the deceased from a heart attack and his alleged injury while employed by the Ideal Cement Company (Ideal).
Deceased reported for work at Ideal on a Friday as a laborer and cleanup man. There is a conflict in the evidence regarding the state of his health on this morning. Claimant testified that deceased made no complaint of illness before leaving for work; a history that deceased gave Dr. Mc on Saturday indicates that deceased was suffering chest pains at home on Friday before leaving for work. The conflict has been resolved by the State Industrial Court in favor of claimant. We proceed on the theory that deceased departed for work in good health.
The normal duties of deceased at Ideal required him to operate a self-propelled sweeper, and to do a little sweeping and shoveling. In the course of his regular duties he was required to climb about twenty to twenty-five steps twice each day to sweep the steps with a broom and, on a rotating basis with other employees, to clean an area approximately eight to ten feet wide two floors above the kiln floor. He cleaned this area on Friday. His supervisor testified that he carried no equipment while climbing the steps. Deceased performed his normal duties in a regular manner on Friday, although he was experiencing some pain in his chest during the day after reporting for work. He finished work and went home.
Deceased was not feeling well the next morning, Saturday, and went to see Dr. Mc, Dr. Mc took a history from deceased and made a physical examination. Dr. Mc urged deceased to go immediately to the hospital for study and clarification. Deceased declined, stating he desired to go home first. Dr. Mc gave deceased four Isordil Sublingual tablets in the event the earlier pain in his chest recurred, and arranged for his admittance in the hospital when he finished his trip home.
Deceased returned to his home. His chest pains recurred and he went to the hospital where he died about forty-five minutes after being admitted. The pathologist in his autopsy report finds the cause of death to be
Dr. P testified by deposition as a medical witness for the claimant. Dr. P did not examine the deceased nor did he confer with Dr. Mc or examine the hospital records. His testimony, including cross examination, is confined solely to answering a hypothetical question which related relevant facts and included the following assumed fact:
'He was required to assume additional responsibilities in his work habits in that he was required to clean additional area which necessitated the climbing of stairs and the carrying of equipment.'
Dr. P stated that the acute myocardial infarction was...
To continue reading
Request your trial
-
Black, Sivalls and Bryson v. Bass
...connection between employment and the original heart attack. Lack of medical evidence found to exist in Ideal Cement Company v. Oklahoma State Industrial Court (1971), 486 P.2d 712, should be compared against quality and extent of medical evidence available Relying upon expressions in Ideal......
-
Howey v. Babcock & Wilcox Co.
...v. Swartzlander, Okl., 470 P.2d 340. One contention argued at length is the following verbatim quotation from Ideal Cement Co. v. State Industrial Court, Okl., 486 P.2d 712, @ 'One who seeks compensation for death from a cardiac episode must establish, by competent evidence, that such condi......
-
Sooner Const. Co. v. Brown
...to discuss other decisions offered in support of Respondent's argument, particularly the decision in Ideal Cement Co. v. State Industrial Court, Okl., 486 P.2d 712 (1971), cited as authority for the claim the present case lacks showing of causal The second contention attacks propriety of a ......
-
Independent School Dist. No. 89 v. McReynolds
...to worsen, and expired from this condition which definitely was causally related to injury. Respondents rely upon Ideal Cement Co. v. State Industrial Court (Okl.) 486 P.2d 712, as grounds for asserting incompetency of Dr. P.'s evidence. This argument is unpersuasive, particularly in view o......