Gould National Batteries, Inc. v. Industrial Commission

214 N.E.2d 750, 34 Ill. 2d 151, 1966 Ill. LEXIS 396
CourtIllinois Supreme Court
DecidedJanuary 25, 1966
Docket39282
StatusPublished
Cited by25 cases

This text of 214 N.E.2d 750 (Gould National Batteries, Inc. v. Industrial Commission) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gould National Batteries, Inc. v. Industrial Commission, 214 N.E.2d 750, 34 Ill. 2d 151, 1966 Ill. LEXIS 396 (Ill. 1966).

Opinion

Mr. Justice Underwood

delivered the opinion of the court:

This workmen’s compensation case is before us on appeal by the employer from the Kankakee County circuit court which confirmed an award to the widow of Guy Sterns Ratcliff for death which was found to have arisen out of and in the course of decedent’s employment. The major issues are whether an accidental injury occurred and whether a causal connection was established between the duties of the husband’s employment and his death.

The evidence indicates that decedent was employed in the lead casting department of respondent battery manufacturer. He commenced work with this employer on September 12, i960, following a physical examination by the company physician, Dr. Reinhold Schuller, which revealed no abnormalities and specifically indicated the absence of any heart murmur or enlargement. He worked in the casting department until December, 1961, and then in the paste department. In March, 1962, he experienced considerable left chest pain, particularly at night, became ill at work and oxygen was administered. He was seen by the company physician to whom he complained of left chest pain and who found a slight heart murmur and referred him to his family physician, Dr. Whalen, who diagnosed his difficulty as a severe cold. In April, 1962, decedent was transferred to the casting department where he continued to work until his death. On June 25 Dr. Schuller again saw decedent because of nausea and vomiting and again referred him to Dr. Whalen who returned him to work on July 7 with a diagnosis of possible coronary insufficiency. On July 13 decedent again complained of pain around his heart. At that time decedent commenced taking peritrate and phenobarbital, medication designed to dilate the blood vessels supplying the heart and to sedate the patient. Dr. Schuller testified that he had some question as to the type of work decedent could do in view of the diagnosis and discussed this with the nurse and the patient, but that decedent could, in the witness’s opinion, do any type of work which did not require his presence in an area where heavy fumes were present and the supply of oxygen diminished. Dr. Whalen submitted a written report indicating the diagnosis and stating in answer to the question as to the amount of work and lifting the patient could do: “Observe to tolerance,” which Dr. Schuller interpreted as meaning that “if a man cannot tolerate it, he should not do it.” Dr. Schuller further testified he felt decedent could safely work in the casting department and permitted him to continue there in the same capacity.

The testimony establishes that the operations of the casting department are conducted in a large room some 300 feet square and 25 feet high in which are located 18 melting pots. Decedent’s duties necessitated lifting lead pigs weighing 60-75 pounds each from a stack near him, placing them in the melting pots and subsequently ladling the molten lead from the pots into molds from which he later removed the hardened contents. The exterior temperature on the day preceding death was 85°, and the temperature in the casting department 120-125°. There are hoods over the melting pots, but fumes therefrom circulate about the room. There are floor fans which blow toward the ceiling.

Decedent’s foreman testified that about a week prior to death decedent had asked the foreman if he “would have the stacks of lead kept up” since “[t]he doctor told him he shouldn’t bend down to pick up anything heavy,” and that “he wasn’t feeling good.” The foreman made the requested arrangements.

On July 25 decedent went to work at the ordinary time. He commenced his usual routine. In the early afternoon he asked a fellow worker to stack an extra bundle of lead on his pile so he would not have to bend down so far since it hurt him to do so. In the course of the day decedent completed his assigned quota of work, apparently handling the contents of to 2 bundles of lead pigs, each bundle containing 24 pigs. He left at the usual quitting time. There was testimony that decedent was pale and was observed during the day sitting on the floor of the restroom (not particularly unusual for the workers) in midafternoon with his hand on his chest. He lit a cigarette and almost immediately extinguished it, saying he did not feel well. He later talked with his foreman about the work for the following day; the foreman testified decedent made no complaint to him of ill-being.

Decedent’s wife testified that she arrived home after the decedent and observed him lying upon the couch, although the couch was new and no one was to lie upon it. He had done nothing toward preparing the evening meal, although he customarily did so if he returned from work before his wife. He was very quiet, ate little dinner and did not help with the dishes after the meal, although he usually did so. He rested after dinner and missed his usual evening newscasts. He was perspiring profusely all evening. The wife further testified that after she returned from a visit to her mother’s later that evening, she observed decedent sitting on the couch in his pajamas wiping perspiration from his brow. He came to bed fifteen to twenty minutes later. He arose a short while thereafter and asked his son to put the car in the garage. The bed was wet with perspiration where he had been lying. At about 1 :ig A.M., July 26, he sat up in bed,, put his feet on the floor and collapsed, apparently having suffered a coronary occlusion. He was pronounced dead a short while later by a physician.

It is apparent that this factual background bears similarities to other heart cases reviewed by this court in which compensation awards have been sustained. Appellant argues however that there exists a critical difference between this and other such cases concerning the medical testimony regarding the existence of a causal connection between the employment and subsequent death.

Testimony was given by Dr. Schuller on behalf of the employer. In this doctor’s opinion there was no causal connection between the employment duties and the death. He stated that if working in extreme temperatures predisposed an individual to coronary occlusion, more people would die of this in summertime, and that he could not see any connection between heavy lifting and such occlusions because a lot of people who do not lift heavy objects die of coronary occlusion. While agreeing that Dr. Whalen’s diagnosis of possible coronary insufficiency could be correct, he further testified that the type of work such an individual did made no real difference; while not giving a direct answer to a question as to the amount of lifting such a worker might safely do, Dr. Schuller was of the opinion that there was not enough physical strain involved in decedent’s duties to warrant transferring him to a different department. He also stated decedent could have safely done “Any type of work that does not require any work, for instance, in heavy fumes where there is a lack of oxygen.”

Dr. P. W. Sawyer, whose practice is restricted to internal medicine, was called by claimant. He testified that in his opinion the type of work done by decedent imposed a much greater burden upon his heart; that assuming the decedent was suffering from coronary insufficiency this type of work would have some causal relationship to his death.

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Bluebook (online)
214 N.E.2d 750, 34 Ill. 2d 151, 1966 Ill. LEXIS 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gould-national-batteries-inc-v-industrial-commission-ill-1966.