Anderson v. State Accident Insurance Fund

485 P.2d 1236, 5 Or. App. 580, 1971 Ore. App. LEXIS 880
CourtCourt of Appeals of Oregon
DecidedJune 17, 1971
StatusPublished
Cited by12 cases

This text of 485 P.2d 1236 (Anderson v. State Accident Insurance Fund) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. State Accident Insurance Fund, 485 P.2d 1236, 5 Or. App. 580, 1971 Ore. App. LEXIS 880 (Or. Ct. App. 1971).

Opinions

FOLEY, J.

Claimant’s husband died as the result of a heart attack. The hearing officer found the attack and the death to have been work related and compensable under Workmen’s Compensation Law. The Workmen’s Compensation Board reversed the hearing officer and the circuit court agreed with the Board. Claimant widow appeals to this court.

Decedent was a 56-year-old log truck driver. He had sustained a compensable heart attack previously, in June of 1961. That claim was closed in 1964. Thereafter he ran a service station for about a year, drove a fuel truck for approximately a year and then beginning in May 1967, became a log truck driver. He worked as such until Monday, July 8,1968.

The preceding day, Sunday, decedent and his wife after going to church spent the day about their home, watching television and retired at 10:30 or 11 p.m. The wife testified that decedent made no complaint of physical discomfort of any kind. They arose at their regular early hour, approximately 4:30 a.m., the morning of the 8th. Decedent had his usual breakfast and left for work. He made no complaints and appeared to be his normal self.

Approximately three hours after leaving home, and just after attempting to throw a chain and hook (called gut wrapper) over his loaded log truck, he was observed by a fellow truck driver to be in physical distress. Decedent drove the 25 miles to the mill and [582]*582thereafter was taken to Dr. Cleary in Trail, Oregon, who testified that decedent related that:

“* * * [W]hile driving a logging truck he developed a sudden severe attack of chest pain associated with profuse sweating; pain radiating to the back and both arms. He told me that he had a sense of feeling of weakness and some chest pain during the night. The patient was advised not to drive his logging truck home and to see his doctor upon arrival at home. * * *”

Decedent then proceeded to his treating doctor in Medford, Dr. Vorheis, who hospitalized him immediately under intensive care. He diagnosed decedent’s condition as ventricular tachycardia and probable coronary occlusion with myocardial infarction. He related this condition to the decedent’s work activity and recounted the history given by decedent

“* * * [July 8, 1968] was bringing in a load of logs and became ill, nausea and pressure type pain upper epigastrium followed by pain across upper shoulders and base of neck and back.”

Dr. Vorheis did not indicate that decedent suffered any pain or symptoms the previous night. Furthermore, his report of July 22,1968, contains the following question and answer: Is condition requiring treatment the result of this injury? Yes. He confirmed this conclusion in a letter of August 28, 1968, to the Director of the Claims Division of the State Compensation Department (now the State Accident Insurance Fund).

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Anderson v. State Accident Insurance Fund
485 P.2d 1236 (Court of Appeals of Oregon, 1971)

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Bluebook (online)
485 P.2d 1236, 5 Or. App. 580, 1971 Ore. App. LEXIS 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-state-accident-insurance-fund-orctapp-1971.