Fisher v. Douglas Aircraft Company

1968 OK 48, 440 P.2d 708
CourtSupreme Court of Oklahoma
DecidedApril 16, 1968
Docket42263
StatusPublished
Cited by8 cases

This text of 1968 OK 48 (Fisher v. Douglas Aircraft Company) 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
Fisher v. Douglas Aircraft Company, 1968 OK 48, 440 P.2d 708 (Okla. 1968).

Opinion

BERRY, Justice.

There is presented here for review an order of the State Industrial Court denying the claim of petitioner, claimant below, for compensation for an alleged heart disability against respondent, Douglas Aircraft Company, and its insurance carrier, Industrial Indemnity Company.

It is undisputed that on August 6, 1964, at approximately 10:15 A.M. while work *710 ing for respondent as a hydraulic test mechanic at its plant in Tulsa, Oklahoma, claimant collapsed and was removed from the plant of respondent in its ambulance to a hospital; that claimant’s collapse was caused by his sustaining an acute myocardial infarction of the heart from which he has been totally disabled since it occurred.

At the time he collapsed claimant was working in a rectangufer sheet iron building approximately 52 feet long and 20 feet wide designated as the “bleed air compressor department.” There were three doors in three walls of the building: two nine feet wide and the third eight feet wide. There was an electric oscillating fan in the building which was not being operated on August 6, 1964. Employees testified that the fan merely stirred up the hot air and was of no benefit to them.

Claimant with other workmen operated two compressors in the building. Claimant was required to sweep the building and wipe dust and accumulated oil from the compressors, and was performing such work on August 6, 1964. While cleaning up near one of the compressors claimant became nauseated, walked to a desk and sat down but became sicker and walked some fifteen feet oustide the building. Becoming increasingly ill he returned to the building and sat down on the floor near a door, and upon becoming unconscious was removed to a hospital. The contention is that claimant’s heart attack was caused by being required to work in “excessive environmental heat” in the compressor room.

The evidence relating to heat temperature in the compressor room is conflicting. The report of the U. S. Weather Bureau established the air temperature at Tulsa International Airport on August 6, 1964, to be 90 degrees at 9 A.M.; 93 degrees at 10 A.M.; 97 degrees at 11 A.M.; 100 degrees at Noon; 103 degrees at 1 P.M. These findings were made a short distance from the Douglas plant, and the place claimant was working.

Temperature inside the compressor room was higher than outside, due to heat generated by the operation of the compressors and other machinery. One workman testified air outside the compressor room generally was 10-15 degrees hotter than air at the airport; on days when there was little breeze the temperature inside the compressor would be 20 to 25 degrees hotter than the temperature outside, but admitted this was a guess or estimate. He testified that August 6, 1964, was just a normal hot August day, but no hotter than the days a few weeks before. A second workman testified temperature inside the building was about 15 to 20 degrees hotter than outside, but this was merely a guess.

Respondent submitted in evidence the results of certain temperature readings made at and near the compression room during the month of August, 1964. Summarized the report is as follows:

Temperature degrees Outside Inside Difference
Aug. 23, 1965, 9:00 A.M. 75 83 8
Aug. 23, 1965, 10:00 A.M. 78.5 84 5.5
Aug. 24, 1965, 9:00 A.M. 82 91 9
Aug. 24, 1965, 10:00 A.M. 86 96 9
Aug. 26, 1965, 9:00 A.M. 89 93.5 4.5
Aug. 26, 1965, 10:00 A.M. 92 97 5
Aug. 27, 1965, 9:00 A.M. 88.5 97 8.5
Aug. 27, 1965, 10:00 A.M. 91 97 8

These readings establish that over a period of four days the average inside temperature was 7.2 degrees hotter than temperature outside the building.

*711 Claimant concedes he was not subject to any unusual strain at the time of collapse. The work being done cleaning the room and wiping and cleaning the compressors, required no strenuous physical exertion. At the time of his collapse claimant was doing exactly the same work he had been doing at the same place and under the same working conditions for several years.

Claimant asserted no prompt claim for compensation following the alleged accidental injury. He made no request for medical treatment, but selected his own doctor. Form 3 was not filed until July 8, 1965, more than 11 months following the alleged injury. Meanwhile h.e accepted noncompensable health benefits of insurance policies - provided by respondent. A portion of the medical and hospital expense was paid under policies specifically providing the claim was not compensable as a workmen’s compensation claim.

On August 23, 1965, claimant filed application with the employer for total and permanent disability benefits. In the application he was required to answer certain questions as to whether claimed disability was due to an accident. He left this portion of the application blank. Another portion of the application, which required claimant to state whether claim for workmen’s compensation benefits was being made, also was left blank.

On December 22, 1964, claimant settled a workmen’s compensation claim against respondent arising out of an injury which occurred on January 28, 1964. At the hearing on joint petition settlement claimant was asked if he had any other claims for injuries and he answered “No.”

The medical evidence is conflicting as to claimant’s heart condition being caused or precipitated -by claimant being required to work under conditions where the temperature was above normal.

Claimant submitted in evidence the medical report of Dr. W who stated “Mr. Fisher suffered an acute myocardial infarction, which probably was precipitated by working in extreme and unusual heat.” Dr. B stated: “It is my further opinion that the probable cause of his (claimant’s) myocardial infarction and resulting injuries was the excessive environmental heat to which patient was subjected in his employment.” Dr. B further stated: “It is well known that excessive environmental heat can cause tachycardia and vascular collapse, which in turn can result in myocardial infarction.”

Neither doctor testified positively the exposure to heat caused claimant’s myocardial infarction. Both doctors used the word “probable”, and Dr. B stated “heat can cause” heart disability. Each doctor referred to the heat exposure as being 120 degrees. Although the evidence is in conflict the more persuasive evidence is reflected in actual temperature tests made indicating the temperature was approximately 105 degrees.

Dr. C testified by deposition for respondent in substance: claimant suffered from an old myocardial infarction to his heart and an artery disturbance throughout his body medically described as “arteriosclerosis”; as claimant was acclimated to working in the heat, he did not believe heat was a contributing factor to the heart attack; • claimant’s disability was not related to his employment, with respondent.

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1968 OK 48, 440 P.2d 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-douglas-aircraft-company-okla-1968.