Cook v. City of Waynesboro Police Department

300 S.E.2d 746, 225 Va. 23
CourtSupreme Court of Virginia
DecidedMarch 11, 1983
DocketRecord 820214; Record 820215
StatusPublished
Cited by39 cases

This text of 300 S.E.2d 746 (Cook v. City of Waynesboro Police Department) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. City of Waynesboro Police Department, 300 S.E.2d 746, 225 Va. 23 (Va. 1983).

Opinion

CARRICO, C.J.,

delivered the opinion of the Court.

*26 This case involves two decisions of the Industrial Commission involving the same employee, Charles Curtis Cook (Cook), and his employer, the City of Waynesboro Police Department (the Department). Cook appeals a decision denying him benefits for a heart condition he claims is work-related (Record No. 820214). The Department appeals a decision awarding Cook compensation for a change in condition of a 1977 injury he suffered in a work-connected accident (Record No. 820215).

The record shows that Cook was hired as a patrolman by the Department on January 17, 1966, when he was twenty-three years old. In connection with his hiring, Cook was examined by a physician designated by the Department and found free of heart disease and generally physically fit. Each year thereafter until 1977, Cook was examined by the designated physician and similarly found fit for duty.

On January 11, 1977, Cook was kicked in the neck by an unruly prisoner, causing a contusion of the officer’s larynx and a fracture of his thyroid cartilage. As a result, Cook was disabled from work, and he and the Department’s insurance carrier entered into an “Agreement as to Compensation.” The agreement was submitted to the Commission, which awarded Cook compensation of $135.20 per week, plus medical benefits.

Cook remained away from work for approximately seventeen months. During this period, he sought treatment for his injuries from a variety of health care providers, including physicians in Waynesboro and Charlottesville, two hospitals in the latter city, and the Pain Clinic at the University of Virginia Medical Center.

The treatment of Cook’s neck injuries was complicated by the heart condition which is the subject of his appeal. This condition, known as Wolff-Parkinson-White Syndrome, was diagnosed in Cook through an electrocardiogram administered while he was hospitalized for a stomach ailment during the late summer of 1975.

Wolff-Parkinson-White Syndrome is a heart disorder involving an additional pathway between the atria and the ventricles of the heart. The condition manifests itself by “sudden episodes of very rapid cardiac rhythms,” resulting in weakness, occasional chest pain, and dizziness; the disease is controllable by the administration of drugs.

In the report of his 1977 examination of Cook, conducted after the neck injury episode, the Department’s physician noted the *27 presence of Wolff-Parkinson-White Syndrome in Cook. The (foe-tor stated that the disorder was “controlled,” and he expressed the opinion that Cook could return to duty after he was released from treatment for his neck injury.

On May 12, 1978, Dr. Thomas L. Gorsuch, Cook’s attending physician, reported that Cook was “able to return to regular work.” On June 6, Cook resumed his duties as a police officer, and his compensation benefits were terminated.

Cook continued to work until September 10, 1979; he has not returned to duty since. He stopped working on that date because of persistent pain in his neck, shoulders, and arms, combined with two episodes of “blacking out” he experienced while on duty. He attributed the pain to his 1977 neck injury and the blackout spells to his heart condition.

After Cook stopped work, Dr. Gorsuch referred him to the Duke University Medical Center. Cook was also examined by Dr. C. Robert Showalter, a Harrisonburg psychiatrist.

Cook’s Heart Disease Claim

With respect to this claim, Cook cites the provisions of Code § 65.1-47.1. So far as pertinent here, this Code section provides that “any condition or impairment of health” of a policeman caused by heart disease resulting in disability shall be presumed to be an occupational disease “unless the contrary be shown by a preponderance of competent evidence.”

In ruling upon Cook’s heart disease claim, the Commission held that, while Cook was entitled to the benefit of the statutory presumption, the Department had rebutted the presumption. Cook contends this holding was error.

Cook advances two arguments. The first involves the findings of the deputy commissioner who heard the heart disease claim initially. The deputy commissioner denied the claim, holding that Cook was not entitled to the statutory presumption because he had not shown he was free of heart disease “at all points in time before the filing of the claim.” In the course of his opinion, the deputy commissioner made a finding that Cook stresses in his present argument; the deputy commissioner stated that the cause of Wolff-Parkinson-White Syndrome is “unknown.”

Upon Cook’s request, the full Commission reviewed the deputy commissioner’s denial of the heart disease claim. The Commission remanded the matter to the deputy commissioner for the reception *28 of additional evidence and the making of new findings, including a determination, if possible, of the cause of Cook’s heart disease. Upon remand, the deputy commissioner held that Cook was entitled to the statutory presumption and to compensation for his heart disease; however, the deputy commissioner did not discuss the cause of the disease. Upon the Department’s request, the full Commission reviewed the deputy commissioner’s holding and reversed on the basis, as noted previously, that the Department had rebutted the statutory presumption.

Cook now argues that, because the Department did not appeal the deputy commissioner’s initial “unknown cause” finding, the finding became final and constituted the law of the case. In the face of this finding, Cook asserts, it was error as a matter of law for the Commission to rule that the statutory presumption had been rebutted.

We disagree with Cook. We addressed a similar question in Mace v. Merchants Delivery, 221 Va. 401, 270 S.E.2d 717 (1980). There, we held that “[a] single award may not be segmented into component parts” and that “[a]n appeal of a deputy commissioner’s award empowers the Industrial Commission to reexamine all of the deputy commissioner’s conclusions.” 221 Va. at 404 n.3, 270 S.E.2d at 719 n.3.

Cook attempts to distinguish Mace, but his argument is convoluted and unconvincing. We hold that the decision is applicable here and is dispositive of Cook’s contention that the deputy commissioner’s “unknown cause” finding constituted the law of the case.

This brings us to Cook’s argument that the Commission erred when it ruled the Department had rebutted the statutory presumption. In this connection, we have held that “to rebut the statutory presumption the employer must adduce competent medical evidence of a non-work-related cause of the disabling disease . . . .” Page v. City of Richmond, 218 Va. 844, 848, 241 S.E.2d 775, 777 (1978); see also Berry v. County of Henrico, 219 Va. 259, 265, 247 S.E.2d 389, 392 (1978); Fairfax Fire Serv. v.

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300 S.E.2d 746, 225 Va. 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-city-of-waynesboro-police-department-va-1983.