Bradshaw v. Bench Sewer District

414 P.2d 661, 90 Idaho 557, 1966 Ida. LEXIS 327
CourtIdaho Supreme Court
DecidedMay 25, 1966
Docket9753
StatusPublished
Cited by11 cases

This text of 414 P.2d 661 (Bradshaw v. Bench Sewer District) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradshaw v. Bench Sewer District, 414 P.2d 661, 90 Idaho 557, 1966 Ida. LEXIS 327 (Idaho 1966).

Opinion

*559 SMITH, Justice.

This is an appeal from an order of the Industrial Accident Board denying to claimant-appellant recovery of workmen’s compensation benefits.

Appellant seeks, on behalf of herself and her stepson, compensation benefits on account of the death of her husband, Hartley L. Bradshaw who, at the time of his death, was employed as an inspector by respondent, Bench Sewer District.

On September 8,1960, decedent Bradshaw suffered an acute posterior myocardial infarction while working as a carpenter for Eaton Metal Company, and was hospitalized therefor until September 25, 1960; he then returned home where he convalesced until January 16, 1961. From that time until his death he continued to suffer from heart affliction. In the opinion of his attending physician and two other medical experts the heart disease and infarction were unrelated to the work which Bradshaw performed in his employment by Eaton Metal Company.

In June, 1961, respondent, Bench Sewer District, hired Bradshaw in a supervisory capacity as a plumbing inspector of sewer connections. For sometime he did little or no manual labor, but during 1963 and 1964 up to 35% of his work was manual.

During the early afternoon of. August 24, 1964, Bradshaw went into his employer’s office. In the words of the office bookkeeper, Bradshaw stated “he had lifted on a manhole and that he knew he would pay dearly for it.” According to the bookeeper “his face was very discoloredr-pjust a purplish blue, and he seemed to be breathing quite hard, taking very long breaths.” After, resting for about 45 minutes, he returned to his work.

That evening Bradshaw was observed by his wife; he reclined on a daveno; he seemed short of breath and his color was not good; he did not eat the evening meal. Shortly after they had retired, Bradshaw got up and went into the front room. At' that time he complained of “severe pain in his shoulder and down his arm — his left shoulder.” ' ’

In the days that followed, Bradshaw no longer did yard or carpentry work at home. He was listless and did not eat well. He consulted his physician on September 3, 1964, who diagnosed an upper respiratory infection and an “anginal type of pain,” and prescribed medication. Thereafter, except during the afternoon of September 4, 1964, when he remained home to rest, Bradshaw continued to perform his work for Bench Sewer District.

*560 During the morning of September 9, 1964, Bradshaw and a co-worker, Joseph Williamson, were attempting to “alter or lower” a manhole top ring and cover. Bradshaw spent about 30 minutes using a “six-pound” pick to loosen the gravel around the manhole top. Williamson, shoveling the loosened gravel, had removed about six shovels full when he discovered Bradshaw slumped over. Williamson immediately summoned an ambulance. Bradshaw was pronounced dead upon arrival at a hospital. The death certificate stated that decedent died of “acute coronary occlusion” and that death was immediate to the onset of the affliction. An autopsy disclosed inter alia, that decedent had severe coronary arteriosclerosis with an acute thrombosis; also, old, recent and acute myocardial infarction. It was the thrombosis, causing the occlusion of the circumflex branch of the left coronary artery to which death was attributed.

Appellant duly filed a claim for compensation benefits on behalf of herself and her stepson, alleging that decedent’s death was caused by an accident arising out of and in the course of his employment. After a hearing the Industrial Accident Board ruled that decedent’s death “was not caused, aggravated, or precipitated by accident arising out of his employment * * * ”, and entered an order denying the claim. Appellant has appealed from such order.

Appellant, by assignment of error, asserts the insufficiency of the evidence to support the Board’s ruling that Bradshaw’s death was not caused by an accident arising out of and in the course of the employment.

I.C. § 72-201 provides in part:

“ ‘Accident,’ as used in this law, means an unexpected, undesigned, and unlooked for mishap, or untoward event, happening suddenly and connected with the industry in which it occurs, and which can be definitely located as to time when and place where it occurred, causing an injury, as defined in this law.
“The terms ‘injury’ and ‘personal injury,’ as the same are used in this law, shall be construed to include only an injury caused by an accident, as above defined, which results in violence to the physical structure of the body. * * * ”

“Among the elements essential to a claim for compensation under I.C. § 72-201, are an ‘accident’ * * * and causal relationship * * In re Sutton, 83 Idaho 265, at 268, 361 P.2d 793, at 794 (1961) ; Laird v. State Highway Department, 80 Idaho 12, 323 P.2d 1079 (1958); Whipple v. Brundage, 80 Idaho 193, 327 P.2d 383 (1958); Lewis v. Department of Law Enforcement, 79 Idaho 40, 311 P.2d 976 (1957); Swan v. Williamson, 74 Idaho *561 32, 257 P.2d 552 (1953); Warlick v. Driscoll, 68 Idaho 552, 200 P.2d 1014 (1948).

Medical reports, laboratory reports and physicians’ reports relating to decedent’s heart attack in 1960 were admitted in evidence as was a copy of the death certificate and the coroner’s report. Appellant produced three physicians, viz., decedent’s attending physician who was a general practitioner, a specialist in cardiovascular diseases, and the pathologist who had performed the autopsy. Respondents produced two physicians, specialists in internal medicine, including heart diseases.

The evidence as to the decedent’s personal history, employment record and the medical reports is not in conflict; but it is in substantial conflict on the ultimate issue whether there was a causal connection between the decedent’s work activity and the coronary occlusion to which death was attributed.

Dr. Thomas performed the autopsy. On direct examination, based upon his autopsy findings and hypothetical facts, he testified, as appellant’s witness:

“ * * * This is an individual [decedent] who has evidence of acute myocardial infarction, and if such an individual is subjected to intense physical activity dies suddenly during that physical activity, it is my opinion that the two are probably related, and the sudden death and the physical activity — not the finding of the myocardial infarction.”

On cross examination he stated a “clot” caused the occlusion, with resulting death; but he had “no idea” whether the exertion caused the clot. The following exchange then took place between appellant’s counsel and the doctor:

“Q. Did the disease cause the clot?
“A.

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Bluebook (online)
414 P.2d 661, 90 Idaho 557, 1966 Ida. LEXIS 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradshaw-v-bench-sewer-district-idaho-1966.