Safeway Stores, Inc. v. Harrison, 5-1909

• Decision Date: 12 October 1959
• Docket Number: No. 5-1909,5-1909
• Citation: 328 S.W.2d 131,231 Ark. 10
• Parties: SAFEWAY STORES, INC., et al., Appellants, v. Mrs. Betty Ruth HARRISON et al., Appellees.
• Court: Arkansas Supreme Court

Page 131

328 S.W.2d 131

231 Ark. 10

SAFEWAY STORES, INC., et al., Appellants, v. Mrs. Betty Ruth HARRISON et al., Appellees.

No. 5-1909.

Supreme Court of Arkansas.

Oct. 12, 1959.

Mehaffy, Smith & Williams, Little Rock, for appellants.

Langston & Walker, Little Rock, for appellees.

McFADDIN, Justice.

This is a Workmen's Compensation case. Emmett Allen Harrison collapsed and died while at work for Safeway Stores; and a claim was filed for compensation. The trial referee, and also the full Commission, denied a recovery to the widow and children of the employee. The Circuit Court reversed the Commission and found that compensation should be awarded; and the employer, Safeway, has brought this appeal. Both sides recognize the rule that if the findings of fact of the Workmen's Compensation Commission are supported by substantial evidence, then such findings must be sustained. J. L. Williams & Sons v. Smith, 205 Ark. 604, 170 S.W.2d 82.

So the crucial issue on this appeal is whether there is substantial evidence to support the Commission's findings in denying compensation. The Circuit Court answered in the negative. ¹ On this appeal Safeway contends: (a) that 'the Circuit Court erroneously shifted the appellee's burden of proving a causal connection between the death and the employment'; and (b) 'the evidence affirmatively shows that it was the deceased's rheumatic heart condition, and not his employment, which caused his death'.

The basic facts reflect that Emmett Allen Harrison was 26 years of age at the time of his death. He was an employee of Safeway Stores, and had been so employed for several years. While at work on Friday, November 16, 1956, Harrison collapsed and died of a heart seizure. Immediately prior to his collapse he was engaged in manually removing produce from boxes resting on a pulley truck and placing the produce on the counters. Cause of death, according to the death certificate, was coronary occlusion. Safeway contends that Harrison had a 'terrible rheumatic heart condition' ever since childhood and that death occurred because of the rheumatic heart condition and not because of the work he was doing. The Commission agreed with Safeway, holding that there was no causal connection between the work and the collapse. ² But we conclude that there was no evidence to support the Commission's findings to that effect. We have repeatedly held that when a person has a pre-existing weakness, such as a heart condition, and the work load which the employer requires of the worker causes a collapse, then such employee is entitled to compensation. Some of our cases so holding are: McGregor and Pickett v. Arrington, 206 Ark. 921, 175 S.W.2d 210; Harding Glass Co. v. Albertson, 208 Ark. 866, 187 S.W.2d 961; and Sturgis Bros. v. Mays, 208 Ark. 1017, 188 S.W.2d 629.

Here, the evidence is undenied that Harrison had suffered with a rheumatic heart condition since early childhood. Back in 1951 Safeway had him examined by a physician and the report showed that he had a bad heart condition. The doctor's recommendation was, 'reject unless accepted by medical director'. Formerly, Safeway had a man to assist Harrison in the heavy work, but that extra man quit a month or six weeks before Harrison's collapse. Mr. Conn, who was employed as the produce manager at the Safeway Store where Harrison worked, testified that on the morning of November 16th, the date of Harrison's collapse, somewhere between 10,000 and 12,000 pounds of produce arrived at the store and it was Harrison's job to unload it. Mr. Conn also testified as to conditions at the time of Harrison's collapse:

'A. Allen had fallen on his back and was lying flat on his back, breathing, just gasping; no continuous breathing at all.

'Q. Was all the produce you had given him still on the truck or not? A. No, sir, he had unloaded one crate of potatoes and had put the apple box full of onions on the rack and turned around--it looked like he had fallen then.

'Q. Why did it look like after--he fell after the crate with the onions? A. The potato crate stacked on the buggy was setting on the floor and the apple box had fallen off at the side. It wasn't...