Bacon v. Industrial Commission

232 N.E.2d 681, 38 Ill. 2d 597, 1967 Ill. LEXIS 350
Illinois Supreme Court·Decided November 30, 1967·No. No. 40621·Published·Cited by 1 cases

Opinion

Mr. Justice Kluczynski

delivered the opinion of the court:

Following the death of Cloyde A. Bacon, an employee of the Caterpillar Tractor Company, caused by a heart attack suffered while at work, decedent’s wife and children filed an application for adjustment of claim with the Industrial Commission. The arbitrator of the Industrial Commission, in a hearing on the application, found the petitioners had failed to prove that the decedent sustained accidental injuries arising out of and in the course of his employment resulting in his death on October 24, 1963. Claim for compensation for the death of the employee was denied. Upon review before the Commission, additional evidence was introduced and oral argument had and the Commission sustained the arbitrator’s decision. The circuit court of Peoria County affirmed the Commission and petitioners bring this appeal..

Cloyde A. Bacon, 57 years of age, had worked for the Caterpillar Tractor Company for about 27 years. He had a wife and two children. On October 24, 1963, he left home about 6:15 A.M. To his wife he “seemed as well as he did the day before.” He had not been under the care of any physician nor had he received any treatment for a heart or cardiac condition prior thereto. Shortly before starting work at 7:30 A.M., he spoke to his foreman who said he noticed nothing unusual about Bacon. A fellow worker said he saw Bacon get a U-shaped piece of equipment about 23 inches long from a box about 7 feet away and across the aisle, and that Bacon put it on his work bench. He estimated the piece to weigh about 18 or 20 pounds. No one saw Bacon leave his bench but his foreman was called to First Aid at about 8 :oo A.M. where he found him lying on a cot being attended by a nurse on duty. An ambulance was called and he was removed to a hospital where he was pronounced dead at 8:55 A.M.

The coroner’s physician performed an autopsy and testified that the decedent had an old scarring in his heart, right ventricle, and had a clot in his anterior coronary vessel with dead portion of the heart called “infarct” distal to this clot. There was marked sclerosis or hardening of the coronary blood vessels as well as the rest of the blood vessels in the body.

Petitioners called Dr. Milton H. Kronenberg, respondent’s medical services manager under whose control the company’s medical and first aid records were kept, and he testified that there was a nurse’s memorandum of the October 24, 1963, incident which indicated that the.decedent “walked into first aid very pale, tried to cough from feeling of pressure, stated he has had the pain for the last two or three days. Oxygen was administered and he was sent to the St. Francis Hospital emergency room by company ambulance at 8:08 A.M.”

The nurse testified to making the memorandum and a first aid card, which card was unavailable because she could not find it. The foreman stated that he did not report to anyone in the medical department concerning decedent’s death as it was not customary for him to do so.

Dr. Julio Barron said he treated the decedent for a respiratory infection in March, and in April operated on the patient to correct a left inguinal hernia, and last saw him in July 1963. His opinion in answer to a hypothetical question was that the heart attack could have been precipitated by the decedent’s activities at work on the day in question. On cross-examination he admitted that his opinion was based in part upon his previous contacts as decedent’s physician and that prior to the herniotomy he concluded that decedent had a generalized arteriosclerosis or arthrosclerosis of the cardiac muscle based on symptoms such as headaches, dizzy spells, forgetfulness, and fluctuating blood pressure. In his opinion there were a number of factors which precipitated the patient’s death — general physical condition and physical strain at time of death. Assuming that there was no exertion of any kind, he agreed, death could have occurred. He admitted having had no special training in cardiovascular diseases or in the care and treatment of such cases.

Dr. Harold F. Diller gave an opinion, in answer to a hypothetical question, that decedent’s action in lifting, carrying a twenty-pound object a distance of 7 feet, and placing it on a bench 3 feet high, could precipitate a heart attack and cause his death. On cross-examination he said that the individual, because of his pre-existing condition, could have died from the effects of arteriosclerosis in the absence of any exertion.

Respondent’s witness, Dr. Jack Domnitz, an internist specializing in cardiology, testified that in his opinion there was no causal relationship between the described activity of the hypothetical person and his subsequent death, and that the placing of an object weighing 20 pounds upon an assembly bench 3 feet high and 7 feet from where it was picked up, was not sufficient to have caused a cardiovascular failure.

In Republic Steel Corp. v. Industrial Com., 26 Ill.2d 32, we pronounced the controlling principles applicable to heart attack cases when, at p. 45, we said: “We have not heretofore held, and do not now hold that because a heart attack occurs at work, it is automatically compensable. To come within the statute the employee must prove that some act or phase of the employment was a causative factor in the ensuing injury. He need not prove it was the sole causative factor, .but only that it was a causative factor in the resulting injury. In the absence of such proof, the injury is not compensable.”

And again in Illinois Bell Telephone Co. v. Industrial Com., 35 Ill.2d 474, 477, we said: “The mere fact that he was at work on the day of his heart attack and left early is not sufficient to establish a causal connection between his employment and his subsequent death, nor is it enough, where one’s heart has deteriorated so that any exertion becomes an over exertion, to merely show that he had engaged in some kind of physical activity before suffering the attack. National Malleable & Steel Casting Co. v. Industrial Com., 32 Ill.2d 194.”

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Bacon v. Industrial Commission, 232 N.E.2d 681, 38 Ill. 2d 597, 1967 Ill. LEXIS 350 (Ill. 1967).

232 N.E.2d 681 (Bacon v. Industrial Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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