Imperial Trash Service v. Dotson

445 S.E.2d 716, 18 Va. App. 600, 11 Va. Law Rep. 9, 1994 Va. App. LEXIS 436
CourtCourt of Appeals of Virginia
DecidedJuly 5, 1994
DocketRecord No. 1191-93-4
StatusPublished
Cited by27 cases

This text of 445 S.E.2d 716 (Imperial Trash Service v. Dotson) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Imperial Trash Service v. Dotson, 445 S.E.2d 716, 18 Va. App. 600, 11 Va. Law Rep. 9, 1994 Va. App. LEXIS 436 (Va. Ct. App. 1994).

Opinion

Opinion

COLEMAN, J.

We hold that credible evidence supports the Virginia Workers’ Compensation Commission’s finding that Thurman Dotson, the employee, suffered from heatstroke that arose out of and during the course of his employment. We hold that the commission did not err in relying on the opinion of the employee’s attending physician that the consequences of the employee’s heatstroke caused his death. Accordingly, we affirm the decision of the *602 commission.

On July 10, 1990, Thurman Dotson began his first day of work for the Imperial Trash Company, picking up recyclable materials during the morning hours. George Mickelson accompanied Dotson to teach the new employee the route and to do most of the heavy lifting. Dotson drove the truck with the windows down. It was not air conditioned. After Dotson and Mickelson had picked up material, weighing fifteen to thirty pounds, at over seven hundred houses in 86 degree temperature, Dotson became confused and began losing his balance. Dotson said, “this heat has gotten to me.” Mickelson, who realized that Dotson was in some distress, placed Dotson in the shade of a tree and finished the route alone. When Mickelson returned to the tree, Dotson was in critical condition. Within minutes, Dotson was taken to the hospital, unconscious, with a body temperature of 110 degrees. While at the hospital, Dotson’s condition improved; he regained consciousness and was able to answer questions. However, Dotson died in the hospital of cardiac arrest seventeen days later.

Dotson’s physician, Dr. Michael Tsun, filed a report stating that the cause of death was “acute deep vein thrombosis and pulmonary embolism as a result of severe dehydration and heatstroke.” At the time of Dr. Tsun’s report, he knew that Dotson’s medical history included the fact that he was obese, was on anti-depressant medication, had arteriosclerosis, and had previously suffered a pulmonary embolism. Dr. Tsun took the history twenty-four hours after Dotson was admitted to the hospital.

At the compensation hearing, two physicians opined that Dotson had not suffered a heatstroke but that he suffered from Neuroleptic Malignant Syndrome (NMS) instead, a condition with symptoms that mimic heatstroke. At the time of the episode, Dotson was taking anti-depressant medications, which the doctors said impair a person’s ability to regulate body temperature. Dotson had arteriosclerosis and a history of pulmonary emboli on two occasions. Based on these facts, the two physicians concluded that, in their opinions, Dotson did not die from the consequences of heatstroke.

The commission found that Dotson died as a result of cardiac arrest caused by heatstroke suffered on July 10, 1990, in the course of and arising out of his employment with Imperial Trash *603 Company.

To qualify for workers’ compensation benefits, an employee’s injuries must result from an injury or accident arising out of and in the course of his employment. Pinkerton’s, Inc. v. Helms, 242 Va. 378, 380, 410 S.E.2d 646, 647 (1991). An employee must prove a causal connection between his particular work conditions and the resulting injury. Brown v. Reed, 209 Va. 562, 564, 165 S.E.2d 394, 396-97 (1969). “[I]f the injury or death results from, or is hastened by, conditions of employment exposing the employee to hazards to a degree beyond that of the public at large, the injury or death is construed to be accidental.” Robinette v. Kayo Oil Co., 210 Va. 376, 379, 171 S.E.2d 172, 175 (1969).

The employer contends that Dotson did not suffer a heatstroke but that, even if he did, the heatstroke was not caused by his work. According to the employer, the nature of Dotson’s duties did not place him at greater risk for heatstroke beyond that to which the public is normally exposed.

“[W]here there is a conflict of evidence [concerning cause of death], the Commission’s finding of fact is conclusive” when supported by credible evidence. Byrd v. Stonega Coke & Coal Co., 182 Va. 212, 220, 28 S.E.2d 725, 729 (1944). A conflict in the medical evidence exists as to whether Dotson suffered a heatstroke or died of NMS. “The Commission’s factual findings are ‘conclusive and binding’ . . . and a question raised by ‘conflicting expert medical opinions’ is ‘one of fact.’ ” Eccon Constr. Co. v. Lucas, 221 Va. 786, 790, 273 S.E.2d 797, 799 (1981) (citation omitted). The determination of causation is a factual finding that will be upheld on appeal if credible evidence supports the finding. C.D.S. Constr. Servs. v. Petrock, 218 Va. 1064, 1070, 243 S.E.2d 236, 240 (1978).

Although the doctors’ opinions are in conflict as to whether Dotson suffered a heatstroke, credible evidence supports the commission’s finding that he did and that death resulted as a consequence of the heatstroke. Dr. Tsun was Dotson’s attending physician. He treated Dotson just after he entered the hospital. Dr. Tsun was the only physician who had treated and examined Dotson. Dr. Tsun knew Dotson’s medical history. He knew Dotson had taken lithium. He knew that Dotson had previously suffered an embolism. Dr. Tsun was aware of the possibility of Neuroleptic *604 Malignant Syndrome (NMS). Based on tests, Dr. Tsun determined that Dotson did not have blood clots associated with NMS. Dr. Tsun testified that Dotson suffered from symptoms associated with severe heatstroke. George Mickelson’s testimony concerning Dotson’s condition and symptoms supports that finding. George Mickelson worked closely with Dotson the entire morning before Dotson’s collapse. Both Dr. Tsun’s and Mickelson’s testimony provided credible evidence to support the commission’s finding that Dotson, as a result of his exertion in the heat, became dehydrated and suffered a heatstroke and that as a consequence of the heatstroke, he died.

We also must decide whether the heatstroke was caused by the condition of employment, as employee argues, or would have occurred under normal circumstances because of conditions to which the public is customarily exposed. Credible evidence exists to support the commission’s finding that Dotson’s heatstroke was caused or “hastened by, conditions of employment [that] expose [d] the employee to hazards to a degree beyond that of the public at large.” Robinette, 210 Va. at 379, 171 S.E.2d at 175. Even though the public may also have been exposed to the heat the morning Dotson collapsed, it was not the heat alone that caused Dotson’s heatstroke and death.

The commission found that Dotson’s employment exposed him to hazards over and above those to which the public is exposed.

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Bluebook (online)
445 S.E.2d 716, 18 Va. App. 600, 11 Va. Law Rep. 9, 1994 Va. App. LEXIS 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/imperial-trash-service-v-dotson-vactapp-1994.