American Grain Trimmers, Inc., and Frank Gates-Acclaim v. Office of Workers' Compensation Programs, and Marian Janich

181 F.3d 810, 1999 U.S. App. LEXIS 13606, 1999 WL 404697
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 21, 1999
Docket97-3080
StatusPublished
Cited by30 cases

This text of 181 F.3d 810 (American Grain Trimmers, Inc., and Frank Gates-Acclaim v. Office of Workers' Compensation Programs, and Marian Janich) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Grain Trimmers, Inc., and Frank Gates-Acclaim v. Office of Workers' Compensation Programs, and Marian Janich, 181 F.3d 810, 1999 U.S. App. LEXIS 13606, 1999 WL 404697 (7th Cir. 1999).

Opinions

DIANE P. WOOD, Circuit Judge.

Like a number of other federal statutes, the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq., establishes a compensation scheme for workers who suffer injury or death on the job. In order to facilitate the initial task of a claimant under the Act, there is a statutory presumption of coverage that is triggered if certain basic facts can be established. This case concerns the next step in the process: what exactly must an employer do to rebut that presumption by “substantial evidence to the contrary,” and whether the employer here met that burden.

I

Paul Janich worked for approximately 40 years as a grain trimmer for petitioner American Grain Trimmers, Inc. (AGT), and for all but his first two years he was a foreman. The grain trimmers’ job is to assist in loading grain onto barges for shipping on the Great Lakes. As a foreman, Mr. Janich was responsible for supervising the process of filling the barges with grain. This required him to estimate how much grain a barge would hold (usually from 44,000 to 60,000 bushels, or 1,100 to 1,500 tons), to direct the crew to distribute the load so that the barge would not list, and to ensure that the depth of the boat’s keel below the water line did not exceed the applicable draft limitations. In order to achieve the proper balance, the foreman holds back a portion of the estimated grain the barge will take so that it can be used for final adjustments. In addition, the foreman provides occasional assistance to the other grain trimmers, makes sure enough union members show up to do the work, and arranges for replacement workers if necessary.

The summer of 1992 was a busy one for the grain trimmers in Chicago. Mr. Ja-nich, whose health history we describe in more detail in a moment, returned to work’ after a lengthy absence on July 6, 1992. Because of his seniority, he was able to work long hours; in the 38 days between July 6 and his death on August 12, 1992, he worked between 29 days (217.5 hours) and 33 days (258.5 hours). On the day before the fatal incident, Mr. Janich went home from work between 3:00 and 4:00 p.m. and told his wife he was tired. The next morning, he woke up at 7:00 a.m. and started work at 8:00 a.m. It was raining intermittently. Before he broke for lunch at noon, his crew had finished loading one barge. After lunch, they began loading a second one, while Mr. Janich (as was common) monitored their progress by radio from the nearby office. By 1:30 p.m., it was raining hard. This was a serious problem for the loaders, because the grain needed to be kept dry. Mr. Janich and a Department of Agriculture inspector came out of the office and instructed the crew to stop loading and leave the barge, so that the elevator workers could close the hatch[813]*813es. While Mr. Janich stood on the dock watching this process, he collapsed. Several people tried to resuscitate him, and he was rushed away by an ambulance, but he never recovered. The death certificate reported that he had died of cardiopulmonary arrest due to dilated cardiomyopathy and diabetes mellitus.

Mr. Janich indeed had suffered from heart problems, and serious ones, for a long period of time. His difficulties first surfaced in 1980, when he underwent medical tests for chest pain. For some 30 to 40 years, he had been a 2-3 pack-a-day smoker, but he had reduced his smoking to 15 cigarettes per day by the time of the tests. The tests revealed that at some uncertain time in the past, he had suffered an inferior wall myocardial infarction (ie., a heart attack). In 1981, Dr. Conrado Castor, who was board certified in internal medicine and cardiovascular disease, began treating him for that condition. In April 1981, Dr. Castor diagnosed him with ventricular arrhythmia and prescribed Quinaglute, a drug, to control the heart irregularities. By 1987, Mr. Janich had also developed intermittent claudication, a deficiency in the blood flow to leg muscles due to the obstruction of the arteries that supply that area. The year 1990 brought a diagnosis of diabetes mellitus, for which he also received prescription medicine. In November 1991, Mr. Janich developed my-coplasma bronchitis with chronic obstructive pulmonary disease and was hospitalized for almost two weeks. While he was in the hospital, Dr. Castor also checked his cardiac condition again, and discovered congestive heart failure, dilated cardiom-yopathy, and arrhythmia. In lay terms, Mr. Janich had a dilated, enlarged, and weak heart.

After the November 1991 hospitalization, Mr. Janich did not return to work until July 6, 1992, as noted above. By March 1992, Dr. Castor detected some improvement in the heart functioning, although it was still not good. In May 1992, Dr. Castor examined Mr. Janich and found his condition was stable, meaning that he had no heart failure, arrhythmias, shortness of breath, angina, or chest pain. This did not mean Mr. Janich had been restored to perfect health; it just indicated that Dr. Castor found no acute condition during the examination.

II

After Mr. Janich’s death, his widow Marian Janich (respondent here) filed a claim for death benefits under LHWCA § 9, 33 U.S.C. § 909. Administrative Law Judge (ALJ) Robert G. Mahony held a hearing pursuant to LHWCA § 19(d), 33 U.S.C. § 919(d), at which Mrs. Janich and AGT submitted lay and expert evidence. Under § 9, death benefits are payable to the eligible survivors of an employee whose death is the result of a workplace injury. Like most claimants, Mrs. Janich attempted to establish her right to benefits by taking advantage of the statutory presumption created in § 20(a) of the Act, 33 U.S.C. § 920(a). In order to do so, she.had to establish that her deceased husband suffered a harm and that either a workplace accident occurred or that conditions at the workplace existed that could have caused the harm. (This is sometimes also referred to as the “prima facie case” that the claimant must establish.) Here, the ALJ found that Mrs. Janich had done so. He relied on a number of facts from the record: (1) a harm obviously occurred to Mr. Janich when he collapsed and died; (2) Mr. Janich died during the course of employment; (3) Dr. Castor’s testimony, which the ALJ credited, showed that either physical exertion or workplace stress could have caused Mr. Janich’s heart attack; and (4) in the moments before his death, Mr. Janich walked to the barge and ordered, perhaps by shouting, that the loading stop because of heavy rain, activities that involved both physical exertion and stress.

Section 20(a), however, merely creates a presumption that the claim comes within the Act, and the employer is entitled to [814]*814rebut it. In his principal opinion in the case, the ALJ described the employer’s burden as follows:

Once Claimant establishes a -prima facie case, the burden shifts to Employer to go forward with countervailing evidence to rebut the presumption that decedent’s death was caused or aggravated by his employment. If the presumption is rebutted, it drops from the case and the claim must be decided on the record as a whole.

OWCP No. 10-32147 at 12 (Mar. 1, 1996).

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Bluebook (online)
181 F.3d 810, 1999 U.S. App. LEXIS 13606, 1999 WL 404697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-grain-trimmers-inc-and-frank-gates-acclaim-v-office-of-ca7-1999.