City of Oklahoma v. Lindsey

1976 OK 48, 549 P.2d 81, 1976 Okla. LEXIS 440
CourtSupreme Court of Oklahoma
DecidedApril 13, 1976
Docket48289
StatusPublished
Cited by11 cases

This text of 1976 OK 48 (City of Oklahoma v. Lindsey) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Oklahoma v. Lindsey, 1976 OK 48, 549 P.2d 81, 1976 Okla. LEXIS 440 (Okla. 1976).

Opinion

DOOLIN, Justice.

Respondent, claimant herein, was awarded compensation for permanent total dis *82 ability resulting from heart attack, found to have been caused by excessive stress and strain during covered employment. Petitioner, denominated City, has brought this proceeding for review seeking to vacate the award and dismiss the claim.

Two contentions advanced as grounds for vacation rest entirely upon asserted lack of competent evidence to support finding of accidental injury, or disability resulting from alleged injury. A further contention urges error resulted from abuse of trial discretion in refusing City’s request for appointment of an independent medical examiner. Brief summation of matters which occurred prior to claim for injury disclose background of this controversy.

Claimant, long-time member of City’s fire department, first suffered attack of severe upper chest and arm pain while driving his car in May, 1968. Pain continued about a week and claimant consult-a heart specialist, who later performed an angiogram which revealed:

* * poor myocardial contractibility of the apical portion of the left ventricle, increase in left ventricular and diastolic volume and obstructive lesions of athero-sclerotic nature involving the left anterior descending artery with poor runoff beyond this point and obstruction of the right coronary artery with a very poor curcumflex artery with diffuse disease being present.”

The physician prescribed, heart medication to expand vessels and thin claimant’s blood and approximately three months later claimant returned to work. In 1973, claimant suffered pulmonary embolus following venous stripping of the left leg, but recovered without incidence. Within five years following 1968, claimant eventually discontinued medication but remained asymptomatic, other than 1973 episode, worked regularly although not performing heavy duties, and attained rank of captain. Claimant testified, however, during this period he suffered intermittent chest pain.

While dragging a hose during a fire on July 25, 1974, claimant was stricken by severe chest and left arm pains, and was forced to lie down and rest until pain subsided. Claimant worked one more day, and on July 27th went to Adams-Lester Clinic for examination by Dr. L. who administered treatment for muscle strain of neck and shoulder. The record contains no report from Dr. L., although claimant testified an electrocardiogram was performed. This physician referred claimant to Dr. F., who took claimant’s history, diagnosed trouble as muscle strain injury to back, shoulder and chest, and hospitalized claimant for nine days of conservative treatment. Although hospital records in evidence disclose a further electrocardiogram was taken, the record contains no medical report from Dr. F. In both instances mentioned claimant was advised only that these tests were within normal limits.

After release from the hospital claimant felt better, although consistent chest pain continued. Claimant did not work after July 27, 1974, and subsequently was placed on disability retirement after separate examinations from three physicians. Each found claimant suffering from arteriosclerotic heart disease with coronary involvement. Each reported claimant was permanently, totally disabled and should be medically retired.

Also in evidence was an extended report of Dr. W. W. R., based on examination just prior to hearing. This doctor acknowledged possibility of heart condition due to coronary artery disease, but reported a normal electrocardiogram. It was unusual claimant had such extensive coronary vascular disease and still had done so well over six years, without the doctor finding objective evidence of disease when examined. Either claimant had an unexplained remarkable recovery, or condition was not as bad as thought when first discovered. The doctor agreed with physicians (Drs. L. & F.) who reported claimant had suffered muscle strain at time of injury. When examined claimant still was improving from this injury and no *83 disability would result. This injury in no way involved claimant’s heart.

Contentions advanced in relation to asserted insufficiency of competent evidence to support findings of injury, and lack of competent medical evidence, rest entirely upon City’s interpretation of weight and quality of the evidence. City claims this analysis not only displays lack of competent evidence, but also discloses there was no competent evidence except that introduced by City. The entire argument wholly disregards settled principles which govern review of workmen’s compensation cases.

Conflicting evidence never is weighed in order to determine weight and credibility thereof. The record is reviewed only to ascertain whether trial court determination of issues as to cause and extent of disability is supported by any competent evidence. Howey v. Babcock & Wilcox Co. (Okl.) 516 P.2d 821; Goombi, etc. v. Trent (Okl.) 531 P.2d 1363. Existence of record evidence from which the trial court could have reached a contrary conclusion is immaterial under principles governing review of State Industrial Court findings of fact. Riley v. Cimarron-Empire Const. Co. (Okl.) 420 P.2d 550.

Ample medical evidence in this record unequivocally establishes claimant’s total disability from coronary involvement. Extent of disability having been established, the issue is whether there is any competent medical evidence to support the trial court adjudication as to cause of disability.

Sufficiency of claimant’s medical evidence, adduced by deposition testimony of Dr. A., is attacked as so indefinite, equivocal, ambiguous, and inconsistent as to require vacation of the award, upon authority of Glaspy v. Dickerson (Okl.) 350 P.2d 939, and similar decisions. City insists this evidence is totally lacking in probative value because there is no foundation for the opinion claimant sustained injury to his heart.

Specific complaints charge Dr. A. is only a general practitioner, as opposed to heart specialists who examined for City. Further, Dr. A. made only a brief examination, and admittedly relied upon history and other physicians’ diagnoses. Beyond claimant’s history, occurrence of chest pains and recognition of claimant’s obesity and tortuosity of blood vessels made no subjective findings of heart injury. Chest x-rays were negative and electrocardiogram was within normal limits. Although Dr. A. originally stated that chest pain would not be sufficient basis for ultimate diagnosis, the basis of medical opinion of heart injury was history of chest pain.

The doctor stated his opinion, in view of claimant’s history, the accident of July 27, 1974 precipitated a change in claimant’s cardiovascular history. This opinion was not based entirely upon the immediate event, but took into account the exertion pulling the hose and resulting chest pain, considering also the general physical condition and suspected cardiovascular disease. Although heart injury was not apparent from tests administered, past history and other physicians’ reports coupled with claimant’s activity and complaints at that time was the basis for Dr. A.’s opinion claimant sustained a heart injury at a given time.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

EVANS & ASSOCIATES UTILITY SERVICES v. Espinosa
2011 OK 81 (Supreme Court of Oklahoma, 2011)
In Re Death of Gray
2004 OK 63 (Supreme Court of Oklahoma, 2004)
Gray v. Ultramar Diamond, Shamrock Corp.
2004 OK 63 (Supreme Court of Oklahoma, 2004)
Allenberg v. Bentley Hedges Travel Serv. Inc.
2001 OK 22 (Supreme Court of Oklahoma, 2001)
Black v. Renshaw Painting
1991 OK CIV APP 1 (Court of Civil Appeals of Oklahoma, 1991)
OKC Refining Co., Inc. v. Gold
1985 OK 42 (Supreme Court of Oklahoma, 1985)
Peabody Galion Corp. v. Workman
1982 OK 42 (Supreme Court of Oklahoma, 1982)
Refrigerated Transport Inc. v. Creek
1979 OK 11 (Supreme Court of Oklahoma, 1979)
Department of Public Safety v. Jones
1978 OK 64 (Supreme Court of Oklahoma, 1978)
Chromalloy-American. Oklahoma Division v. Wright
567 P.2d 71 (Supreme Court of Oklahoma, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
1976 OK 48, 549 P.2d 81, 1976 Okla. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-oklahoma-v-lindsey-okla-1976.