Arsi v. Ocean County Road Department

500 A.2d 406, 205 N.J. Super. 175, 1985 N.J. Super. LEXIS 1518
CourtNew Jersey Superior Court Appellate Division
DecidedOctober 29, 1985
StatusPublished

This text of 500 A.2d 406 (Arsi v. Ocean County Road Department) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arsi v. Ocean County Road Department, 500 A.2d 406, 205 N.J. Super. 175, 1985 N.J. Super. LEXIS 1518 (N.J. Ct. App. 1985).

Opinion

The opinion of the court was delivered by

KING, P.J.A.D.

On this appeal from a judgment in favor of petitioner for total and permanent cardiovascular disability the respondent employer urges that petitioner did not meet his burden of proof under N.J.S.A. 34:15-7.2; L. 1979, c. 283, § 3.1 The respondent employer, Ocean County, claims that petitioner did not prove that a “work effort or strain involving a substantial condition, event or happening in excess of the wear and tear of the claimant’s daily living ... caused in a material degree the cardiovascular ... injury ... resulting therefrom.” We have recently reviewed the history and ostensible purpose of this amendment, a part of the so-called “reform act,” effective in 1980. See Perno v. Ornstein Fashions, Inc., 196 N.J.Super. 174 (App.Div.1984).

“To generalize, the legislation increased monetary awards for serious injuries but made recovery for lesser injuries more difficult.” Id. at 176. Thus, a petitioner is now required to prove that the cardiovascular injury involved substantial effort in excess of the rigors of daily living which effort was job-relat[178]*178ed in a material or appreciable degree. We are satisfied that under our scope of review the evidence in this case reasonably supports the judge of compensation’s award of total and permanent disability to petitioner. See Close v. Kordulak, 44 N.J. 589 (1965).

The case was sharply contested, both on the factual events and on the medical interpretation to be drawn from them. Petitioner contended that on the morning of February 10, 1982 he suffered a cardiac episode while doing heavy shovelling work on the second half of a double shift which triggered three-vessel coronary by-pass surgery. Respondent asserted that the episode, if indeed it did occur as described by petitioner, involved only a transitory episode of angina pectoris, of little or no consequence to his underlying progressive arteriosclerotic cardiovascular disease.

These are the basic facts. Petitioner, age 62, had worked for Ocean County as a laborer and then as an equipment operator since 1970. His job mostly involved driving a truck, a front-end loader or a mower. On February 9, 1982 he worked his usual 8 a.m. to 4:30 p.m. shift as an equipment operator. He went home, ate dinner, and went to bed at 11 p.m. At about 2 a.m. he received a call to report to work to sand icy roads. He worked from about 2:30 a.m. to 8 a.m. sanding roads. He then resumed his regular shift work at 8 a.m. on February 10. On this particular day this work required him to shovel “coal patch” from the back of a truck to fix potholes. The weather was “pretty cold” and petitioner was tired. The patch and shovel weighed about 16 pounds; the patch was harder to shovel in cold weather. He described the event this way. “I got out, I was right behind the truck, I was cleaning the hole. I was pushing to get the patch out at the truck from behind and had to put pressure. All of a sudden everything went numb. My arms went numb, the pain in my [179]*179chest and everything, and I went down.” A fellow workman helped petitioner into the truck. He was driven to his foreman, reported the incident and went home. He never returned to work again.

The key to petitioner’s case was the testimony of Dr. Melvin C. White, a board-certified cardiologist attending at the Deborah Heart and Lung Center where petitioner went for his triple by-pass surgery. Upon recital of the hypothetical question2 Dr. White was asked if “the described work-effort considering he was doing his regular assigned duties but what I have described to you, alone is that of a substantial event or events in excess of the wear and tear of the petitioner’s daily living and in reasonable medical probability, caused in a material and we may say exacerbated or aggravated in a material degree, the cardiac injury which required the treatment he received, including the bypass?” Dr. White answered: “My opinion is that the extended work efforts did exacerbate his cardiac condition” to a “material degree.” He then explained his reasons. He said that “with blockages in the coronary arteries as Mr. Arsi suffered from there is a supply and demand relationship between the demands on the heart muscle and the amount of blood that can be supplied to the heart muscle through these blocked arteries.” He said that

When the demand on the heart is excessive and it being not supplied through these blocked arteries, then you develop angiopectoralis, pain in the chest. [180]*180There were two significant stresses on Mr. Arsi that produced this excessive demand.
First, was the effort involved in doing heavy lifting and carrying, mainly the shovelling. This will raise your blood pressure. It increases the vessels inside the heart creating excess demand for oxygen and nutrients.
The second demand was caused by the cold weather. In cold weather the blood vessels on the skin constrict down very tightly. This is to prevent excess heat loss. This, in addition, races the blood pressure severely, also creating excess demands on the heart muscle between these two components, the increased demand was too much for his circulation and it brought on his chest pain.

When asked about fatigue he said “certainly an extraordinary amount of work during the day creates that much more of a demand on the heart muscle.” The key factors in the causation analysis, according to Dr. White, were the heavy work (more strenuous than petitioner’s usual work as an equipment operator), the cold weather, and the fatigue induced by the double shift. Dr. White concluded that petitioner was “totally and permanently disabled” at the time of trial in February 1984.

On cross-examination, Dr. White, of course, acknowledged the existence of petitioner’s underlying coronary arteriosclerosis. But he concluded that “the activities that day certainly exacerbated the effects” of the underlying disease process— “had he not been performing that extraordinary work, he would not have suffered those angina pains.” The doctor said “looking at the overall scope of the patient, his cardiac condition, his global features of his disease were worse when he performed that activity physiologically or at the cellular level” and that there “was no question in my mind that his symptoms were provoked by the amount of work that he performed.”

Dr. Roland Goodman, a specialist in internal medicine, also supported petitioner’s contention that his total and permanent disability was triggered by the work-related episode of February 10, 1982. He said

Now in my opinion when the patient engaged in the work activity on February 10, 1982, working in cold weather, and having to use a shovel to remove cold patch from a dump truck, after he had worked the previous day [181]*181and had barely one hour’s rest or sleep, when he had to do this job loosening up his cold patch which was hard because of the cold weather and shovelling this cold patch from the partially raised dump truck, when he did this work activity for about six and a half hours, there were physiological changes going on within his heart, in my opinion, and also I should say in his body. Because of the cold weather, the body compensates by constriction of the vessels in the skin, this is how we keep ourselves warm in the wintertime. This puts the blood vessels in the skin and muscles—makes them narrower.

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Related

McClain v. City of Woodbury Bd. of Education
154 A.2d 569 (Supreme Court of New Jersey, 1959)
Perno v. Ornstein Fashions, Inc.
481 A.2d 1166 (New Jersey Superior Court App Division, 1984)
Close v. Kordulak Bros.
210 A.2d 753 (Supreme Court of New Jersey, 1965)

Cite This Page — Counsel Stack

Bluebook (online)
500 A.2d 406, 205 N.J. Super. 175, 1985 N.J. Super. LEXIS 1518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arsi-v-ocean-county-road-department-njsuperctappdiv-1985.