Edward Hines Lumber Co. v. Industrial Commission

575 N.E.2d 1234, 215 Ill. App. 3d 659, 159 Ill. Dec. 174, 1990 Ill. App. LEXIS 1768
CourtAppellate Court of Illinois
DecidedNovember 26, 1990
Docket1-89-2358 WC
StatusPublished
Cited by10 cases

This text of 575 N.E.2d 1234 (Edward Hines Lumber Co. v. Industrial Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edward Hines Lumber Co. v. Industrial Commission, 575 N.E.2d 1234, 215 Ill. App. 3d 659, 159 Ill. Dec. 174, 1990 Ill. App. LEXIS 1768 (Ill. Ct. App. 1990).

Opinions

JUSTICE BARRY

delivered the opinion of the court:

The arbitrator found that a heart attack suffered by the petitioner, Floyd Pinckney, arose out of and in the course of his employment with the respondent, Edward Hines Lumber Company. The Industrial Commission (Commission) agreed with that finding, but reduced the arbitrator’s decision regarding the petitioner’s average weekly wage. Rather than calculating overtime hours at IV2 times the petitioner’s regular hourly rate, as had the arbitrator, the Commission calculated overtime hours at the regular hourly rate. The circuit court confirmed the Commission. The respondent appeals, and the petitioner cross-appeals.

The record shows that on January 4, 1988, the petitioner was working for the respondent. The petitioner’s job consisted of putting together loads of lumber for customers. While he used a forklift to lift most of the lumber, at times he would have to lift lumber by hand and break frozen boards apart by hitting them with a hammer or by lifting the 30- to 100-pound stacks and slamming them down.

On this particular day, it was between -7°F and -13°F, with a wind chill factor of -54°F, when petitioner reported for work at 6 a.m. He was working outside and complained to his supervisor about breathing the cold air, noting that he was going to bring in a scarf the next day to put over his mouth. Around 11:30 a.m., he went inside. As he warmed up, he started feeling sick at his stomach, dizzy, and sweaty. The store manager subsequently called the paramedics, who took the petitioner to the hospital. There he was diagnosed by cardiologist Vupparahalli Ramesh as having suffered an acute myocardial infarction. He subsequently underwent bypass surgery.

Dr. Ramesh found that the petitioner had 70% narrowing of the main channel on the left side of his heart. The two arteries that bifurcate from that channel had 80% narrowing. The right coronary artery was completely occluded. However, Dr. Ramesh noted that prior to the infarction the petitioner’s heart could still pump 59% of the blood it received. The doctor stated that a normal heart could pump 60% to 80% of the blood it received. He therefore opined that 59% was a reasonable function. He further stated that before the infarction the petitioner was getting an adequate blood supply, but after the infarction he had a substantial lack of blood being supplied to his heart.

Dr. Ramesh testified that the petitioner’s work had not caused his coronary artery disease. However, he opined that working in the cold weather had increased the burden on the heart while decreasing the oxygen supplied to it, precipitating the heart attack. The doctor stated that the heart attack had made the bypass surgery necessary “because otherwise *** it would not have been revealed.” He explained that the heart attack had called attention to the underlying problem.

The evidence further showed that the 55-year-old, 5-foot-91/4-inch, 215-pound petitioner had missed only a few days here and there due to colds during his 23 years of employment. He had, however, previously suffered from high blood pressure, was a diabetic, and was overweight. He had stopped smoking in 1986 after 20 years. In 1980, he had taken off 10 days for a physical examination, which had revealed no heart problems. In 1982 and 1987, he had had EKGs done. It is not clear what the 1982 test revealed, but there is no indication that any follow-up tests or treatment resulted from it. The January of 1987 test showed a slight variation from the 1982 test. The doctor recommended that he get this variation checked but did not restrict his employment activities or place him on medication.

Upon returning from a Florida vacation in December of 1987, the petitioner noticed that he had tightness and a cold in his chest and was feeling run down. On December 18, he went to his doctor, who repeated that he should get the EKG change checked. The doctor stated, however, that it would be all right to wait until after the first of the year. The petitioner continued working. On January 2, 1988, he noticed that he was feeling tired, but nothing else bothered him. Two days later he suffered the heart attack.

The petitioner’s wife testified that he had had chest pains on New Year’s Eve. He had had similar pains off and on for over a year. She noted that on New Year’s Day he had not wanted to eat.

Internist William Buckingham, who reviewed the petitioner’s medical records on the respondent’s behalf and examined the petitioner, testified that the work activities had no effect on and were not the cause of the heart attack. He opined that given the advanced nature of the petitioner’s coronary artery disease, the heart attack would have occurred regardless of the activities in which the petitioner was engaged. He further opined that the petitioner had suffered a heart attack between November 17, 1980, and August 31, 1982, and another in January of 1987. Regarding the bypass surgery, Dr. Buckingham stated that it was performed to prevent any further extension of the infarction and to increase the general circulation to the heart.

The petitioner testified that the contract between his union and the respondent provided that he had to work whatever horn’s the respondent demanded of him. The minimum number of hours was about 10 per day 6 days a week. If an employee refused to work whatever hours the respondent requested, the respondent could fire him. The contract further provided that the petitioner would be paid time and a half for all hours worked over 40 per week.

Two of the respondent’s other forklift drivers, one of whom no longer worked for the respondent when the heart attack occurred, testified that employees had to work as much as the respondent requested and that the average weekly amount was about 60 hours. The driver who still worked for the respondent when the heart attack occurred verified the nature of the work and stated that the petitioner had shown no difficulty in doing the work before his heart attack.

The respondent’s assistant treasurer testified that the required working hours were 40 per week. He noted, however, that during busy periods employees were required to work overtime.

On appeal, the respondent first argues that the Commission’s finding that the petitioner’s heart attack arose out of and in the course of his employment was against the manifest weight of the evidence.

We note that it is well established that even where an employee suffers from preexisting heart disease, a heart attack is compensable under the Workers’ Compensation Act (the Act) (Ill. Rev. Stat. 1987, ch. 48, par. 138.1 et seq.) if work-related stress aggravated the disease and caused the heart attack. (City of Des Plaines v. Industrial Comm’n (1983), 95 Ill. 2d 83, 447 N.E.2d 307.) The exception to this rule is where the heart disease has progressed so far that any stress, even the most ordinary exertion, would have brought on the heart attack. (Doyle v. Industrial Comm’n (1981), 86 Ill. 2d 544, 427 N.E.2d 1223.) It is the Commission’s position to determine the credibility of the witnesses and assess the weight to be given to the evidence. (Rambert v. Industrial Comm’n (1985), 133 Ill. App.

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Edward Hines Lumber Co. v. Industrial Commission
575 N.E.2d 1234 (Appellate Court of Illinois, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
575 N.E.2d 1234, 215 Ill. App. 3d 659, 159 Ill. Dec. 174, 1990 Ill. App. LEXIS 1768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-hines-lumber-co-v-industrial-commission-illappct-1990.