Horner v. Ponderosa Pine Logging

695 P.2d 1250, 107 Idaho 1111, 1985 Ida. LEXIS 424
CourtIdaho Supreme Court
DecidedFebruary 12, 1985
Docket15200
StatusPublished
Cited by23 cases

This text of 695 P.2d 1250 (Horner v. Ponderosa Pine Logging) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Horner v. Ponderosa Pine Logging, 695 P.2d 1250, 107 Idaho 1111, 1985 Ida. LEXIS 424 (Idaho 1985).

Opinions

McFADDEN, Justice Pro Tern.

Claimant Harry Horner seeks worker’s compensation benefits for a heart attack he claims occurred on or about July 23, 1981, while he was working as a logger. Claimant’s case was assigned by the Industrial Commission (the Commission) to a referee. Evidence was submitted to the referee by depositions of doctors, documents and claimant’s oral testimony before the referee. The record discloses the following.

At the time of the incident, claimant was 40 years old. He had spent most of his life near the Oregon coast at an elevation of about 1,000 feet. Claimant had been logging since he was 18.

In 1981, claimant was called by Ponderosa Pine Logging (Curtis Williams and Wade Fairchild) to work in their logging operation in southeastern Idaho. Claimant accepted the job and moved to Idaho on June 2 or 3, 1981. He began working in an area known as Georgetown Canyon in Bear Lake County at an elevation of over 7,000 feet and resided with his family near the work site.

Claimant initially worked with his son cutting timber. Then, about the third week in June, Fairchild and Williams went to another location to log additional timber, leaving claimant with the additional responsibility of hauling the logs to the landing in the Georgetown Canyon area by himself. This work involved climbing on and off the skidder, pulling cables across the terrain, and attaching the cables with chokers to the logs. Claimant found this work to be more strenuous than simply cutting the timber.

About a week after claimant had assumed these new responsibilities, he began to suffer a painful burning sensation in his chest. He noticed it in the morning after he commenced working and two or three times a day. He would relieve the pain by stopping and resting. This continued for about two weeks. On July 22, the claimant’s pain increased and was not relieved by resting. He left work that morning, returned home and rested for the remainder of the day. That night when the pain, described by claimant as throbbing and surging, became more intense he was taken to the hospital at Montpelier, Idaho.

He was examined in the emergency room by Dr. Noel Wolff, a family practitioner in Montpelier, Idaho. Dr. Wolff’s written history indicates that the claimant complained that the pain had occurred suddenly while the claimant was logging. The history also shows that claimant’s mother, father and brother all had heart trouble and that claimant had been a heavy cigarette smoker. Claimant was admitted to the hospital at 1:00 a.m. on July 23. The hospital admission report shows that claimant’s pain began after a heavy meal while he was working at 7,000 feet as a lumberjack.

The electrocardiograms taken while claimant was in the hospital indicated a poor blood supply to the heart muscle which caused the claimant’s pain. Another test showed the enzymes were normal. However, no heart attack was diagnosed. Dr. Wolff instructed claimant to consult [1113]*1113claimant’s own physician in Oregon after claimant returned to his Oregon home. Dr. Wolff considered claimant’s condition unstable and that claimant was a candidate for a future heart attack. Claimant was discharged on July 25.

The following morning, claimant again suffered severe chest and arm pain and returned to the hospital. He was again treated by Dr. Wolff. This time, enzyme tests and electrocardiograms showed that claimant had experienced a heart attack— myocardial infarction. Dr. Wolff testified that claimant’s work at an altitude to which claimant was not accustomed contributed to the heart attack. Dr. Wolff also suspected arteriosclerosis, a disease process occurring over a long period of time, as a contributing factor.

After claimant returned to Oregon, he was examined by Dr. Gurney, a family practitioner, in Myrtle Point, Oregon, and Dr. Robinhold, a cardiologist in Eugene, Oregon. Dr. Gurney testified that the combination of hard physical work at 7,000 feet with a pre-existing coronary disease caused the claimant’s heart attack. The referee, however, found that Dr. Gurney did not have an accurate history of the occurrence and thus found his testimony of little value.

Dr. Robinhold performed a coronary angiogram in August, 1981, and found an occlusion of one of claimant’s coronary arteries. He testified that the occlusion caused the heart attack but would not offer an opinion as to the cause of the occlusion. The referee’s findings indicate that he found Dr. Robinhold skeptical of work as a cause of claimant’s heart attack.

Ponderosa Pine retained Dr. Smith, a cardiologist practicing in Boise, to review the claimant’s medical records and the depositions of the other doctors. Dr. Smith testified that claimant suffered angina pain during the weeks before July 22 and a heart attack on July 26. Dr. Smith recognized that increased activity causes increased heart action which in turn requires a greater oxygen supply to the heart. However, Dr. Smith stated that activity does not cause a worsening or narrowing of the artery, which is a long-term disease process. He stated that the work may have caused the pain, but not the disease process itself. He concluded that physical activity did not cause claimant’s heart attack — myocardial infarction.

The referee found that claimant’s work did not cause his heart attack and denied claimant’s application. He was specifically persuaded by the time lag between claimant’s cessation of work on July 22 and claimant’s heart attack on July 26, and both cardiologists’ testimony. The Commission thereafter adopted and affirmed the referee’s findings and conclusions. This appeal followed.

Claimant raises two issues on appeal.

1. When the factual findings of a referee are adopted by the Commission, is a more detailed review by the Supreme Court required than would be given if the Commission had heard the matter in the first instance?

2. Whether there was sufficient and competent evidence to support the determination that claimant’s myocardial infarction was not aggravated or accelerated by his work activities?

Each issue will be discussed in turn.

I.

Claimant contends that his case is entitled to close review by this Court. In support of his position, claimant first argues that by merely adopting the referee’s findings and conclusions and not hearing the evidence in the first instance, the Commission acted as an appellate tribunal. Therefore, claimant concludes that the Commission’s decision must not be accorded deference by this Court.

However, we have consistently held that “even where witnesses do not appear before the Industrial Commission this Court will not independently adopt findings of fact at variance with those of the Industrial Commission ____” Mager v. Garrett Freightlines, Inc., 100 Idaho 469, 471, 600 P.2d 773, 775 (1979). See also, Booth v. [1114]*1114City of Burley, 99 Idaho 229, 282, 580 P.2d 75, 78 (1978). Instead, this Court will only review the Commission’s findings to determine whether they are supported by substantial and competent evidence. ID. CONST, art. 5, § 9; I.C. § 72-732. That determination is raised by claimant’s second issue and is found in Part II of this opinion.

Claimant next contends that Van Heukelom v. Pine Crest Psychiatric Center,

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Horner v. Ponderosa Pine Logging
695 P.2d 1250 (Idaho Supreme Court, 1985)

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Bluebook (online)
695 P.2d 1250, 107 Idaho 1111, 1985 Ida. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horner-v-ponderosa-pine-logging-idaho-1985.