Holmes v. Bruce Motor Freight, Inc.

215 N.W.2d 296, 1974 Iowa Sup. LEXIS 1244
CourtSupreme Court of Iowa
DecidedFebruary 20, 1974
Docket56158
StatusPublished
Cited by26 cases

This text of 215 N.W.2d 296 (Holmes v. Bruce Motor Freight, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holmes v. Bruce Motor Freight, Inc., 215 N.W.2d 296, 1974 Iowa Sup. LEXIS 1244 (iowa 1974).

Opinion

UHLENHOPP, Justice.

The question in this workmen’s compensation appeal is whether claimant established as a matter of law that a heart attack (myocardial infarct) arose out of and in the course of his employment. See Code 1973, § 85.3(1). A heart attack, if attributable to the employment, is a com-pensable “injury,” although the claimant already had latent heart disease. Littell v. Lagomarcino Grupe Co., 235 Iowa 523, 17 N.W.2d 120. The claimant has the burden of proving by a preponderance of the evidence that some employment incident or activity brought about the health impairment on which he bases his claim. Lindahl v. L. O. Boggs Co., 236 Iowa 296, 18 N.W.2d 607; Bodish v. Fischer, Inc., 257 Iowa 516, 133 N.W.2d 867. A possibility is insufficient; a probability is necessary. Burt v. John Deere Waterloo Tractor Works, 247 Iowa 691, 73 N.W.2d 732. The incident or activity need not be the sole proximate cause, if the injury is directly traceable to it. Langford v. Kellar Excavating & Grading, Inc., 191 N.W.2d 667 (Iowa). Judicial review of a decision of the Iowa Industrial Commissioner is not de *298 novo, and the commissioner’s findings have the force of a jury verdict. Paveglio v. Firestone Tire & Rubber Co., 167 N.W.2d 636 (Iowa). The commissioner, not the court, weighs the evidence, and the court broadly and liberally construes the commissioner’s findings to uphold rather than defeat his decision. Musselman v. Central Tel. Co., 261 Iowa 352, 154 N.W.2d 128. The question is not whether the evidence is sufficient to support a finding the commissioner did not make but whether the evidence supports the finding he did make. DeShaw v. Energy Manufacturing Co., 192 N.W.2d 777 (Iowa).

A hearing was held before the Deputy Iowa Industrial Commissioner on the present claim and a hearing on review was held before the Iowa Industrial Commissioner himself. The hearings were of some length and we cannot restate all the evidence. We will set out sufficient to show the problem involved.

Claimant Robert A. Holmes, then 41, worked for Bruce Motor Freight, Inc. for three years making local deliveries. Subsequent examinations showed that during the period in question he had several problems unrelated to his heart' — a duodenal ulcer, a hiatal hernia, a nonfunctional gall bladder, a diverticulum coming off the duodenal loop, and emphysema. At some point he also had pneumonia and a possible pulmonary embolus (an abnormal particle in the lung). Also at some time and from some cause — and this is the dispute in the case — he sustained a myocardial infarct (localized death of heart muscle resulting from obstruction of circulation by blood clot or abnormal particle). The myocardial infarct rendered him wholly and permanently disabled and constitutes the foundation of the claim.

Claimant predicates his claim on an incident that occurred on Thursday, April 6, 1967, which he asserts caused his heart attack. At that time he was helping to move heavy barrels. While tipping a barrelj he lost control of it and it pinned him near the stomach or waistline against other barrels. He pushed the barrel aside and let it go to the floor. Later, other barrels were also dropped.

Claimant’s testimony at the hearings was not altogether consistent with statements he made after the incident. He testified that he did not experience pain when the barrel pinned him, and he and his fellow employee then moved other barrels. But he soon experienced difficulty breathing and went out on the dock to get fresh air and have a cigarette. He returned and helped move additional barrels. He testified he then had some stomach and chest pain. He helped load another trailer with cartons and testified he noticed some pain in his stomach and chest. He also stated however that he “did such loading for an hour and a half or two hours and did not experience any further pain or discomfort other than in his stomach.” He then went to eat but the food did not taste good. He noticed no pain when he went back to work from lunch nor during that night. He returned to work on Friday, April 7. That day he helped load laundry carts and truck tires but did not eat breakfast or lunch. He testified he did not feel any pain in his shoulders but had an upset stomach and pain around the waist.

Claimant further testified that on Saturday morning, April 8, his “back and shoulders were killing him.” He tried a hot bath and liniment, without relief. He called Bruce’s terminal manager who referred him to Robert J. Foley, a medical doctor. Dr. Foley had treated a great many heart conditions. The information which claimant related to Dr. Foley does not altogether square with claimant’s subsequent testimony about some of his symptoms following the April 6 incident. Dr. Foley testified:

Q. Doctor, do. you recall the complaints that were first made when Mr. Holmes presented himself to you? A. Mr. Holmes came in complaining of pain in the upper back, low cervical area, with some radiation on the back side to the left, but it was all on the posterior surface of the chest.
*299 Q. Did you also make an examination of him at that time ? A. Yes.
Q. And what did your examination reveal, Doctor? A. Mainly that he had a spasm in the paraspinous muscles and the area where he complained of pain. I didn’t see any bruising, anything like that, on the skin. He had — this pain that he complained of was aggravated some by motion, and I don’t mean by that exertion, but motion of the affected area when he would twist himself or turn it seemed to aggravate this pain.

By feeling the area where claimant complained of pain, Dr. Foley found that claimant had a muscle spasm in the cervical and thoracic area of the back. He stated, “The muscles were tight and hard, more so than you would expect in the ordinary relaxed situation.”

Dr. Foley further testified:

O. Was there any complaint about chest pain, doctor? A. No complaint of chest pain then.
Q. How about a complaint of a pain in the left arm or of the immediate area? A. No.

This testimony is consistent with claimant’s statements on cross-examination that he did not tell Dr. Foley about shortness of breath or chest pain.

Dr. Foley testified in addition:

Q. Did you make a diagnosis at that time, Doctor? A. Yes. I X-rayed the areas that were — that could be involved with this and the X-rays were normal and my conclusion then was that this was an acute myofascial strain.

Also:

Q.

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Bluebook (online)
215 N.W.2d 296, 1974 Iowa Sup. LEXIS 1244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmes-v-bruce-motor-freight-inc-iowa-1974.