Hurst v. State Accident Insurance Fund Corp.

709 P.2d 1149, 76 Or. App. 532, 1985 Ore. App. LEXIS 4264
CourtCourt of Appeals of Oregon
DecidedNovember 20, 1985
Docket83-01616; CA A32726
StatusPublished

This text of 709 P.2d 1149 (Hurst v. State Accident Insurance Fund Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hurst v. State Accident Insurance Fund Corp., 709 P.2d 1149, 76 Or. App. 532, 1985 Ore. App. LEXIS 4264 (Or. Ct. App. 1985).

Opinion

NEWMAN, J.

Claimant petitions for review of an order of the Workers’ Compensation Board that found his heart attack not compensable. He was a 49-year-old business agent for a Teamster’s Union local. He organized union representation at new companies, negotiated contracts, handled grievances and policed his jurisdiction for contract violations. For six months before his heart attack, he had worked long hours under serious stress. He faced a disgruntled union constituency, an impending union election, major contract negotiations, employer contract violations and a “running battle” with the president of the local union. He had frequently lost sleep at night during that time because of his worry over his job.

On October 4,1982, claimant arose between 4:30 a.m. and 5 a.m. to travel about 75 miles from Portland to Parkdale. He left Portland at 6 a.m., stopped to pick up another union business agent in Hood River and arrived in Parkdale around 8 a.m. He went to a job site that employed non-union drivers and had a bitter confrontation with a former union member that lasted until about 11 a.m. The meeting almost turned into a fistfight. Claimant had concern for his own safety and was very tense. He felt “drained” when he left Parkdale.

After lunch on the trip back to Portland, claimant “had a lot of — it felt like indigestion or heartburn * * He arrived in Portland around 3 p.m. and met with a group of shop stewards at 4 p.m. to discuss an employer’s contract offer. He got into “a hell of an argument” with one steward and “exploded.” He again felt drained and thought he had heartburn as he left the meeting. Without eating, claimant went to his evening bowling league. He did not feel well, bowled poorly and became irate.

Claimant went home around 9 p.m. He did not feel well and felt “stuffed up here.” He ate, stayed up for a while and then went to bed. He awoke at 4 or 4:30 a.m. on October 5 and felt “like there was a steam roller rolling over my chest.” His wife drove him to the hospital. He was suffering an acute myocardial infarction.

We analyze claimant’s heart attack as an accidental injury. Adams v. Gilbert Tow Service, 69 Or App 318, 684 P2d 1254 (1984); Bush v. SAIF, 68 Or App 230, 680 P2d 1010 [535]*535(1984); Harris v. Farmers’ Co-op Creamery, 53 Or App 618, 632 P2d 1299, rev den 291 Or 893 (1981). Claimant established legal causation — that he suffered stress on his job. He must also prove medical causation by a preponderance of the evidence — that the stress of his job was, “within the range of reasonable medical probability, a material contributing cause of his myocardial infarction.” Adams v. Gilbert Tow Service, supra, 69 Or App at 321. The opinions of four doctors are pertinent.

Dr. Hamilton, a cardiologist, treated claimant on his admission to the hospital on October 5,1982, and performed a coronary angiography on October 19, 1982. The angiogram confirmed that claimant also suffered from arteriosclerotic heart disease that pre-existed the infarction. SAIF wrote the following request to Hamilton:

“May we have your opinion as to the relationship of Mr. Hurst’s recent heart attack to his work activities with General Teamster Local 162. It appears that Mr. Hurst has had a long standing problem and treatment for his heart. Do you believe that Mr. Hurst’s work activities with General Teamster 162 was the primary contributing factor in his recent heart attack or do you think it was more due to the natural progression of disease process?”

He responded:

“In answer to the above question. No, I do not feel that Mr. Hurst’s work activities were the contributing factor in his recent heart attack.” (Emphasis supplied.)

The issue here, however, is not whether claimant’s work stress was “the primary contributing factor,” but whether claimant’s work was a material contributing cause of his infarction. Hamilton’s response does not state that claimant’s work was not a material cause of the attack. Moreover, Hamilton’s admission history does not indicate that he was aware of claimant’s work on or before October 4.

Dr. Kremkau reviewed claimant’s files for SAIF, which asked:

“Considering the past history of this patient, the risk factors involved, the nature of the incident reported and the diagnosis established we ask that you answer the following question. In your opinion were the work activities described a material contributing cause of the condition that has been diagnosed or [536]*536was this condition the result of the natural progress of disease?”

Kremkau responded:

“In my opinion Mr. Hurst’s myocardial infarction likely occurred as the result of natural progression of his atherosclerotic vascular disease which was related to the multiple risk factors listed. I do not think his work activites were a material contributing factor of the atherosclerosis nor of the occurrence of the myocardial infarction.”

She identifed a clot as the probable trigger of claimant’s attack. She had reported:

“The myocardial infarction occurred with blockage of blood flow in the right coronary artery. The blockage probably occurred as a result of blood clot formation at a site that had been narrowed by atherosclerotic plaque. The exact cause of formation of the blood clot is unknown.”

It is not clear from the record whether Kremkau was fully advised of the nature of claimant’s work on or before October 4.

Dr. Girod, a witness for employer, graduated from medical school in 1976 and was board certified in internal medicine in 1979. His practice is internal medicine. Several months of his residency were devoted to cardiology. Since 1982, he has treated a number of cardiac patients. He testified on the basis of claimant’s medical records and the testimony at the hearing. He testified-that psychological stress can be a triggering or precipitating factor in a heart attack. He further stated that, when that is the case, the stress is ordinarily accompanied by severe, persistent chest pain over a long period of time and that the attack would likely occur then and not later. Given claimant’s description of his day on October 4, Girod testified that in his opinion the role of stress in the attack was “debatable” and that he could not form an opinion within a reasonable degree of medical certainty as to what role stress played. He also testified:

“Q. Can you come to an opinion within a reasonable degree of medical probability what would be the major contributing cause of his heart attack on that day?
“A. The atherosclerotic disease in his right coronary artery * * *. That’s the process, the process of atherosclerosis, [537]*537that was certainly the main factor that caused the heart attack.” (Emphasis supplied.)

His answer does not address the question whether the job stress was a material contributing cause of claimant’s heart attack.

Dr. Griswold submitted a report that was based on claimant’s medical records and a meeting with claimant. He also testified at the hearing. Griswold’s career includes 35 years as a professor of medicine at the University of Oregon Health Sciences Center, work at the National Heart Institute in London, a fellowship at Johns Hopkins Hospital and board certification in internal medicine.

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Related

Bush v. State Accident Insurance Fund Corp.
680 P.2d 1010 (Court of Appeals of Oregon, 1984)
Harris v. Farmers' Co-op Creamery
632 P.2d 1299 (Court of Appeals of Oregon, 1981)
Adams v. Gilbert Tow Service
684 P.2d 1254 (Court of Appeals of Oregon, 1984)

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Bluebook (online)
709 P.2d 1149, 76 Or. App. 532, 1985 Ore. App. LEXIS 4264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hurst-v-state-accident-insurance-fund-corp-orctapp-1985.