Reynolds Metal Co. v. Industrial Commission
| Decision Date | 22 October 1974 |
| Docket Number | CA-IC,No. 1,1 |
| Citation | 22 Ariz.App. 349,527 P.2d 308 |
| Parties | REYNOLDS METAL COMPANY, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Opal McNeely, widow, Linda Sue McNeely, Vivian Marie McNeely, Randy Wayne McNeely and David Ray McNeely, minor children, Respondent Applicants, State Compensation Fund, Respondent Carrier. 1029. |
| Court | Arizona Court of Appeals |
This is a petition for review of a decision of the Industrial Commission of Arizona granting death benefits to the surviving wife and children of decedent, Billy McNeely. He died on January 19, 1969, as a result of a myocardial infarction, after having been employed by the petitioner, Reynolds Metal Company, for twenty (20) years as a heavy duty mechanic.
There had been no previous history of heart disease. On December 31, 1968, decedent had visited the infirmary of his employer complaining of chest pains which accompanied heavy lifting or exertion. Petitioner's physician did not conduct a physical examination on that date, but felt that the complaints were suggestive of angina pectoris (heart pain). Nitroglycerin tablets were prescribed and the decedent was allowed to return to work. Co-employees described his duties as being heavy in nature, i.e. manually changing tires weighing from 50 to 350 pounds and climbing 60 to 100 feet to repair cranes.
On Wednesday, January 15, 1969, deceased suffered a myocardial infarction which was not reported to the plant nurse or doctor. He worked that Wednesday and on the Thursday and Friday thereafter. Then, the following day, while returning home from a drug store where he had gone to obtain medication for indigestion, he suffered his fatal infarction. During this period his habits had changed considerably, in that he would retire almost immediately upon arriving home from work and complained of tiredness and chest pains.
The hearing officer's award denying widow's benefits was affirmed by the Industrial Commission on May 6, 1971; and, following a writ of certiorari, was affirmed by the Court of Appeals. See, McNeely v. Industrial Commission, 17 Ariz.App. 185, 496 P.2d 611 (1972). Review was thereafter accepted by the Supreme Court of Arizona which rendered its opinion on October 6, 1972. McNeely v. Industrial Commission, 108 Ariz. 453, 501 P.2d 555 (1972). The decision of the Supreme Court vacated the opinion of the Court of Appeals and set aside the award of the Industrial Commission. In compliance therewith, the Commission on December 12, 1972, issued its 'Findings and Award for Compensable Claim.' Petitioner filed a timely request for rehearing, and, following such, the hearing officer entered his 'Decision Upon Hearing and Findings and Award for Death Benefits' on May 25, 1973. The key findings of the award were:
The medical evidence indicates that by continuing to work on Thursday and Friday, January 16 and 17, 1969, the applicant aggravated or worsened his heart damage and accelerated his death.
Our Supreme Court in McNeely v. Industrial Commission of Arizona, supra, held that notwithstanding the fact the original infarction of January 15, 1969, was non-industrial in origin, the fact that the decedent continued to work for two more days and thereby aggravated the infarction and accelerated his death was sufficient to bring this claim within the ambit of the Workmen's Compensation Act.
The additional hearing held at the request of the employer on May 21, 1973, did not result in additional evidence which could be a basis for changing any material fact previously found; accordingly, McNeely v. Industrial Commission of Arizona, supra, is the law of this case. (Emphasis added)
The death of Billy W. McNeely on January 19, 1969, arose out of and in the course of his employment within the meaning of the Arizona Workmen's Compensation Act. McNeely v. Industrial Commission of Arizona, supra.
Request for review was filed on June 25, 1973, by the petitioner employer. On July 24, 1973, the Commission affirmed the hearing officer's decision and this petition for certiorari followed on August 21, 1973.
It is the respondent's position that decedent should not have been returned to heavy duty status, and that his continuing to work after his initial infarction on January 15th, contributed to, accelerated and hastened his death, and that death benefits should therefore have been awarded.
In deciding whether the Commission's award is reasonably supported by the evidence, it is axiomatic that we must construe the evidence adduced in a light most favorable to sustaining it. Malinski v. Industrial Commission, 103 Ariz. 213, 439 P.2d 485 (1968); Spears v. Industrial Commission, 20 Ariz.App. 406, 513 P.2d 695 (1973); Rowe v. Industrial Commission, 20 Ariz.App. 77, 510 P.2d 388 (1973). Nor does this court weigh the evidence before the Commission, which is at liberty to resolve all conflicts and draw warranted inferences. Arnott v. Industrial Commission, 103 Ariz. 182, 438 P.2d 419 (1968).
Where more than one such inference is shown, the Commission may choose either, and the reviewing court will not disturb the conclusion unless it is wholly unreasonable. Waller v. Industrial Commission, 99 Ariz. 15, 406 P.2d 197 (1965).
The test for appellate review of an Industrial Commission award as set out by the Arizona Supreme Court in In re Estate of Bedwell, 104 Ariz. 443, 444, 454 P.2d 985, 986 (1969) is that
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...could have reached its conclusion. In Re Estate of Bedwell, 104 Ariz. 443, 454 P.2d 985 (1969); Reynolds Metal Co. v. Industrial Comm'n, 22 Ariz.App. 349, 527 P.2d 308 (1974). In deciding whether the Commission's award is reasonably supported by the evidence, we will construe the evidence i......
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