Lindahl v. L. O. Boggs Co.

• Decision Date: 08 May 1945
• Docket Number: 46670.
• Citation: 18 N.W.2d 607,236 Iowa 296
• Parties: LINDAHL v. L. O. BOGGS CO. et al.
• Court: Iowa Supreme Court

18 N.W.2d 607

236 Iowa 296

LINDAHL v. L. O. BOGGS CO. et al.

No. 46670.

Supreme Court of Iowa

May 8, 1945

Appeal from District Court, Union County; Geo. A. Johnston Judge.

Miller, Huebner & Miller, of Des Moines, for defendants-appellants.

Kenneth H. Davenport, of Creston, for claimant-appellee.

MANTZ Justice.

This is a proceeding under the Workmen's Compensation Act by Rudolph Lindahl, claimant, against the L. O. Boggs Company and its insurance carrier, the Employers Mutual Casualty Company, wherein claimant seeks disability benefits. The deputy industrial commissioner denied his claim and upon review the industrial commissioner confirmed the finding of the deputy. Upon appeal to the district court the action and finding of the industrial commissioner were reversed and claimant was awarded compensation. The employer and its insurance carrier have appealed. The issue was whether the claimant had established his claim so as to be entitled to an award of compensation.

I. After a careful examination of the evidence appearing in the record we find ourselves unable to agree with the finding of the trial court and hold that the finding and decision of the industrial commissioner should have been sustained.

As the outcome of this case turns upon matters of evidence, we will set out somewhat in detail the evidence given by the medical witnesses in order to show conflicts therein upon which the industrial commissioner could properly base his opinion. There was no serious conflict in the evidence aside from that given by the medical witnesses. The claimant had worked off and on for the Boggs Company, wholesale grocers at Creston, Iowa, for about two years. He was 42 years old and single. On March 13, 1943, he arose, walked a few blocks from his home to a restaurant where he had breakfast, and then went by auto about seven or eight blocks to the warehouse, arriving there about 6:40 A.M. and about 7:00 A.M. went with three truckers, Cornelison, Cheney, and Benson, to the basement, using the elevator. The truckers took with them an empty 4-wheel truck 3 feet wide, 5 feet long, and 19 inches high, and pushed it to the end of the basement about 75 feet from the elevator and stopped it close to a pile of cartons containing syrup. These were of pasteboard, 10 1/2 inches wide, 15 1/2 inches long and 9 inches high, and weighed 42 1/2 lbs. Thirty of these cartons were placed on the truck. No walking was required. They were picked up one at a time. Seven of these cartons were put on the truck by claimant. The loading was done in the usual and customary manner. Lindahl had loaded similar cartons before and did so in the manner followed on this particular morning. At other times, he had loaded heavier packages weighing as much as 60 pounds and bags of sugar weighing 100 pounds. On this particular occasion he made no complaints; he did not slip or fall or lose his footing. He acted the same as he usually did and did the work as he ordinarily did and at no time did he put forth any extra or unusual effort. Following the loading of the truck the three truckers pushed it to the elevator with Lindahl walking along carrying the lists of the things loaded. He did not go up the elevator but told the others that he would get ready for the next load by getting some spices in the extract department. This was close to the elevator, was a caged off room about 20 X 20 feet and on the same floor as the cartons. As the truckers went up in the elevator they last saw Lindahl in the extract room starting back into the corner. They did not at any time observe anything unusual in his conduct or appearance. Following the unloading of the truck, the truckers returned to the basement by the elevator, having been gone from 5 to 8 minutes. They pushed the truck back to where the cartons were to get another load. One of the truckers, Cornelison, stopped at the spice cage to see Lindahl, who was standing about 6 feet from the door trying to roll a cigarette and having trouble doing so. During the time the truckers were gone Lindahl had gotten two cartons of spice ready for loading and had carried them about 12 feet, where he had piled them on some cases near the center of the spice department. These cartons weighed about 2 pounds each. It was about 7:25 A.M. when Cornelison noticed Lindahl trying to roll a cigarette. Cornelison asked Lindahl what was the matter and he replied, 'Everything is the matter.' Upon suggestion that he call a doctor Lindahl said he would be all right in a little bit. Cornelison then went out, returned with the other truckers and found Lindahl sitting on some cases. Mr. Boggs was called and Lindahl was taken to the hospital. He was conscious at all times before he reached the hospital. Until he was taken to the hospital he was able to and did talk freely. At no time did he claim that he hurt or injured himself or state what was causing him to feel as he did. He did not claim that he had strained or over-exerted himself, or had done any heavy lifting, or that he had slipped, fallen, or that anything out of the ordinary had occurred. At the hospital he was given a physical examination and no evidence of trauma, cuts, or bruises was found on his body. At the spice department Mr. Boggs asked claimant what was the matter and he said he didn't know and made no claim of having hurt or injured himself.

II. Four medical witnesses, all from Creston, were called, two by each party. Claimant called Dr. W. E. Crouse, a chiropractor, who had practiced for ten years; he also called Dr. J. A. Liken, physician and surgeon, of six years experience. Appellants called Dr. Howard Beatty, physician and surgeon of eleven years experience; also Dr. James B. Macrae, of 34 years experience in practice and surgery. At the time Dr. Macrae testified he was practicing surgery exclusively.

Following the time claimant left the hospital in April, 1943, Dr. Crouse gave him many treatments. At the time of the trial he had treated claimant 52 times. He said that the disease was apoplexy--paralysis of the left side--his disability was permanent. 'Q. His disease was as you have mentioned, apoplexy; is that the same thing as hemorrhage? A. Apoplexy, cerebral hemorrhage and stroke.' He testified to the condition and working of the heart in a case where high blood pressure was present and stated that if one had high blood pressure and put on the least exertion he would have a stroke. In answer to a hypothetical question inquiring the cause of claimant's condition, in which was recited the activities of Lindahl that morning at the warehouse, prior to his being taken to the hospital, he said: 'Well, lifting this large box, Exhibit 1 (syrup carton), whatever it was, would be enough to cause a stroke, and it was probably that process that brought the stroke about and in 10 or 15 minutes it would take that long before you would get the result from the stroke.' On cross-examination, Dr. Crouse said that high blood pressure is what they call hypertension. The fact of the matter is the symptom of paralysis often doesn't show up for a couple of hours after the exertion that causes or superinduces the paralysis; that it could be longer or shorter; that medical science hasn't been able to tell yet.

Dr. Liken attended Lindahl at the hospital and found him unconscious and paralyzed on the left side. Lindahl left the hospital April 14th. Dr. Liken diagnosed his condition as cerebral hemorrhage, which meant the rupture of a blood vessel and there was bleeding into and about the brain tissue. He gave his opinion that the cerebral homorrhage was caused by hardening of the arteries. He further stated that ordinarily the immediate occasion or cause of cerebral hemorrhage is exertion and ordinarily the hemorrhage may occur during or right after the exertion. He further stated that if Lindahl was engaged in moving merchandise immediately preceding the hemorrhage it would be a probable cause; that exertion raises the blood pressure and increases the heart beat.

On cross-examination Dr. Liken said that he found no evidence of trauma; that Lindahl had arteriosclerosis or high blood pressure; he said it was his opinion that hardening of the arteries or hypertension had pre-existed March 13, 1943; that the probabilities were that this condition had progressed over a period of years; that it is a progressive disease; cerebral hemorrhage is a result of hypertension and progressive arteriosclerosis. That when Lindahl was in the hospital a test indicated a rather exaggerated hypertension and that in all probability there had been a rather aggravated case of hypertension pre-existing March 13, 1943. He was asked the following question:

'Now, doctor, with these arteries in that condition that you found them to be in and with the hypertension you have testified to that you have found here as to whether what the man was doing in his employment during the half hour that he was at work on March 13, 1943, was a contributing factor would depend upon the extent of the amount of exertion he put forth wouldn't it? A. The answer is yes. Ordinarily speaking a stroke is produced by exertion, but there are instances in which strokes are encountered even in their sleep.

'Q. What I was trying to get at is whether this isn't true. That as far as you could go as a physician would be to say that what he was doing that morning in his employment might have been a material contributing factor in bringing on the hemorrhage and on the other hand it might not have been. Isn't that a fact? A. That is right.

'Q. Now another thing I notice you said in your direct examination that if the exertion whatever it was, little or much, was a material contributing factor to producing the hemorrhage would signs or symptoms of it appear...