Jones v. California Packing Corporation

• Citation: 244 P.2d 640,121 Utah 612
• Decision Date: 15 May 1952
• Docket Number: No. 7688,7688
• Parties: JONES et al. v. CALIFORNIA PACKING CORP. et al.
• Court: Supreme Court of Utah

Page 640

244 P.2d 640

121 Utah 612

JONES et al. v. CALIFORNIA PACKING CORP. et al.

No. 7688.

Supreme Court of Utah.

May 15, 1952.

Dobbs & Dobbs, Clyde C. Patterson, Ogden, for plaintiffs.

Clinton D. Vernon, Atty. Gen., Allen B. Sorensen, Asst. Atty. Gen., J. A. Howell and Neil R. Olmstead, Ogden, for defendants.

CROCKETT, Justice.

This proceeding reviews an order of The Industrial Commission denying compensation to the plaintiffs, widow and surviving children of (Harold) Minor Jones. The issue is whether the Commission acted unreasonably in concluding that a coronary occlusion, which was established indisputably to be the cause of death, was not an accident arising out of or in the course of his employment.

Because of the nature of the controversy herein, it is necessary to set out in detail the events just preceding the death. Mr. Jones was foreman at the pea viner of the California Packing Company at Hooper, Utah. Peas, being delicate and perishable, must be speedily handled over a brief period of time and this 'campaign' as it is called, involves long working hours during the short season of harvesting peas.

As foreman, it was Jones' duty to get the pea viner going and keep it in operation. Work commenced June 28, 1950; his time card shows that he worked eight hours the 28th and eight hours the 29th. On June 30th, the plant was operated from 6:30 in the morning until 6:00 in the evening, or 11 1/2 hours and Jones worked all of those hours that day; July 1st, the viner operated from 5:30 a.m. until 6:45 p.m., or 13 1/4 hours, which is also the hours he worked that day; on July 2nd, the viner operated from 2:45 a.m. to 5:00 p.m., or 14 1/4 hours, but Jones' card showed that he worked 15 1/2 hours or until 6:15 p.m., after which he left for home. He milked his cows and got something to eat; as it was a hot July night, he found it difficult to sleep, but lay down on the floor to rest. He went to bed about a quarter to eleven and was up about a quarter to two and back to the viner at 2:00 a.m. on July 3rd. Things went along all right for about 45 minutes and then there was trouble with a booster motor. Deceased was required to work with it constantly. Othello Munn testified that Jones was tinkering with the motor either attempting to adjust the carburetor or cranking it continually between 2:00 o'clock on the 3rd when he came to work and the time he became sick.

Deceased was apparently all right at 6:30 in the morning when he went home to breakfast and when he returned to work about 7:00 o'clock. He continued to work with the balky engine, squatting over it to adjust the carburetor or trying to crank it. About 8:30 to 9:00 a. m. he became ill and complained of stomach distress, a violent headache and a pain in his chest; his color was bad and he appeared clammy according to several witnesses who observed him. He went outside and lay down on the ground. Shortly after 9 o'clock he went home. His wife saw him coming toward the house staggering. He told her of the same distress and also mentioned pains in his chest and back. He was sweating profusely. He lay down on the bed and within a few minutes was dead.

Mr. Jones was 39 years of age and had enjoyed good health up to that time. Both sides agree, and the pathologist's report shows unequivocally, that he died as the result of a coronary occlusion. There was discovered a pre-existing thickening of the intima (inner layer) of the coronary artery where the clot was found. The disagreement between the parties hereto devolves upon the question whether the occlusion was caused by his work. This depends upon medical testimony which will be hereinafter discussed. Before doing so, it seems well to set out some cardinal principles of our law governing cases of this character.

This court has repeatedly held that the Workmen's Compensation Act should be liberally construed to effectuate its purposes, and where there is doubt, it should be resolved in favor of coverage of the employee. See M. & K. Corp. v. Industrial Comm., 112 Utah 488, 189 P.2d 132.

It is settled beyond question that a pre-existing disease or other disturbed condition or defect of the body, when aggravated or lighted up by an industrial accident, is compensable under the act, Graybar Electric Co., Inc., v. Industrial Comm., 73 Utah 568, 276 P. 161; Thomas D. Dee Memorial Hospital Ass'n v. Industrial Comm., 104 Utah 61, 138 P.2d 233. And also that an internal failure brought about by exertion in the course of employment may be an accident within the meaning of Sec. 42-1-43, U.C.A. 1943, without the requirement that the injury result from some incident which happened suddenly and is identifiable at a definite time and place. Robertson v. Industrial Comm., 109 Utah 25, 163 P.2d 331; Thomas D. Dee Memorial Hospital Ass'n v. Industrial Comm., supra; Hammond v. Industrial Comm., 84 Utah 67, 34 P.2d 687; Purity Biscuit Co. v. Industrial Comm., 115 Utah 1, 201 P.2d 961, 966. In the latter case, Mr. Justice Wade stated: '* * * this court is definitely committed to the proposition that where an employee suffers an internal failure or breakdown which results from overexertion in the course of his employment that such is a compensable accidental injury * * *.' Citing cases.

In reviewing the record in such a case as this, the scope of inquiry is well stated in Woodburn v. Industrial Comm., 111 Utah 393, 181 P.2d 209, 212 wherein Mr. Chief Justice Wolfe refers to the principal cases theretofore decided, and summarizes the law with respect thereto as follows:

'The extent of review by this court in this type of case is: Did the Commission act without or in excess of its powers in denying compensation to the plaintiff? Section 42-1-78, U.C.A. 1943.

'The test applicable to this type of case to determine whether or not the Commission acted without or in excess of its powers has been clearly crystalized by previous opinions * * *.

"In the case of denial of compensation, the record must disclose that there is material, substantial, competent, uncontradicted evidence sufficient to make a disregard of it justify the conclusion, as a matter of law, that the Industrial Commission arbitrarily and capriciously disregarded the evidence or unreasonably refused to believe such evidence."

We proceed to examine the medical testimony: The plaintiffs called two doctors, E. D. Zeman and J. C. Olson, who each testified positively that it was their opinion that this occlusion and death resulted from the exertion and fatigue caused by the work under the circumstances described just prior to Jones' death. They adhered to this view under cross-examination. Plaintiffs' case rests upon the foundation of their evidence. We then ask: Is there any substantial evidence upon which a contrary finding could reasonably be made?

The only evidence which might be construed as not in accord with that of plaintiff was that of Dr. Drew Petersen who testified for the defendant. The essence of his testimony is set forth in this answer:

'Mr. Howell: Assuming that I should put this same question to you (the hypothetical question which was put to the other doctors containing the facts surrounding the death) what would be your answer, Doctor?' A. I can't answer the question yes or no because I don't think the medical literature from my own opinion or anybody else's opinion can say dogmatically this is a definite cause, because the medical literature is full of statements that there is some relationship between effort and coronary thrombosis; and the literature is full of statements to the effect that apparently effort has no relationship to coronary thrombosis. * * * My own opinion is that it possibly is related in this particular case, but I don't think you can dogmatically say that it is a cause and effect or it has no effect.' (Emphasis added.)

Noteworthy is the fact that this answer was given on direct examination. The doctor, discussing the relationship of exertion to such occlusions, after stating that medical literature is full of statements pro and con on the subject, voluntarily adds this significant statement: 'My own opinion is that it possibly is related in this particular case, but I don't think you can dogmatically [positively] say that it is a cause * * *.' (Emphasis and the interpretive word 'positively' added.) Defendants do not contend that Dr. Petersen's testimony is that the exertion did not cause the death. They claim that his evidence, fairly considered, is that it is impossible to tell. We do not get the same meaning from the word 'possibly', as it was used by Dr. Petersen, as defendants' contend for. It is true that when the words it is 'possible' or 'a possibility', are used, such terms usually connote a remote likelihood of a thing being true. However, in the context of Dr. Petersen's testimony, a fair interpretation seems to mean just the opposite, that is, that it was his opinion that in this case the exertion did cause the clot. Such understanding of his statement is at least fairly permissible and more reasonable than that claimed by the defendants.

He actually gave no opinion contrary to that of Drs. Zeman and Olson. He merely said that he could not say one way or the other. He did not say, 'It is not related.' He did not even say, 'It is my opinion that it possibly is not related.' What he did say was, it is my opinion that 'it possibly is related.' As a matter of prudence, he added the words, 'I don't think you can dogmatically (positively) say that it is a cause * * *.' This appears to have been but the caution against the positiveness of the foolhardy that any prudent doctor would use. Dr. Zeman also did this in a different way.

It should be remarked that Dr. Zeman is regarded by defendants to be the best qualified witness who testified in the case. They say of him in their brief, 'It is conceded that he has conducted more experiments, and made a greater investigation of the subject than anyone else.'...