Johns-Manville Corp. v. Industrial Commission

326 N.E.2d 389, 60 Ill. 2d 221, 1975 Ill. LEXIS 193
CourtIllinois Supreme Court
DecidedMarch 24, 1975
Docket46479
StatusPublished
Cited by11 cases

This text of 326 N.E.2d 389 (Johns-Manville Corp. 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
Johns-Manville Corp. v. Industrial Commission, 326 N.E.2d 389, 60 Ill. 2d 221, 1975 Ill. LEXIS 193 (Ill. 1975).

Opinion

MR. JUSTICE RYAN

delivered the opinion of the court:

The arbitrator made an award to John Hartman for total permanent disability. The Industrial Commission confirmed the award and the circuit court of Lake County confirmed the Industrial Commission. The employer, Johns-Manville Corporation, appealed directly to this court. Ill. Rev. Stat. 1973, ch. 110A, par. 302(a).

John Hartman, the employee, was 47 years old in 1970. He had been employed by the Johns-Manville Corporation for 14 years. Until 1963 his duties involved checking and recording the number of pieces of material produced by other employees and various machines. In 1963 he was given a job drilling holes in blocks of material, a job which he performed until the occurrence in question on June 10, 1970.

On that date Hartman started working at 7 a.m. His job that morning was to drill four holes in each block. About 400 blocks were on a metal wheeled cart. He pushed the loaded cart from 10 to 20 feet into place beside his machine. To perform the drilling operation he had to depress a foot pedal to bore each hole. To complete the drilling of four holes in each of the 400 blocks on the cart he had to raise and lower his foot 1600 times. He also had to remove each block from the loaded cart, position it in the jig, and manually place the block and jig in the machine. The block and jig together weighed 18 to 20 lbs. After the holes were drilled, he placed each block on another cart. He finished the first cart of 400 blocks in about two hours. He then pushed the loaded cart some 12 feet to the next station and then got another cart loaded with 400 blocks and pushed it to his machine. Each loaded cart weighed approximately 1,000 lbs. He started drilling the four holes in each block from the second load. The temperature in the area where he was working was from 90 to 95 degrees and he was perspiring freely.

While Hartman was drilling the second load of blocks he felt his heart “start to beat a little faster.” After about an hour of this sensation he went to the medical department. He was examined there by Dr. Davidson, who sent him to Dr. Nellins’s office, where an electrocardiogram was taken and he was admitted to a hospital. While there he was given medication; he was discharged in 10 days, but he did not return to work until September 12, 1970 — three months after the attack. When he returned to work, he was given a different job; however, he only worked for about three weeks, during which time he noticed that he was very weak and that he occasionally had difficulty in breathing. He was again admitted to the hospital on October 19, 1970, and on November 17 he was admitted to another hospital, where open heart surgery was performed during which two defective valves in his heart were replaced with artificial devices. He was discharged from the hospital on December 11, 1970. He has not been employed since October 16, 1970.

He is still under the care of Dr. Nellins and is taking medication. At the present time, he “weakens very fast” and has trouble breathing when he walks up a hill. He is only able to walk about a half mile, and he is able to do light work such as raking in his yard, but only for about 20 minutes at a time.

The evidence shows that when Hartman was about 12 years old he had what was then thought to be scarlet fever; however, the medical testimony in the case shows that the doctors who testified believe that it was rheumatic fever and that as a result of this illness Hartman has a rheumatic heart. When he was 19 years old, he was rejected for military service because he had a heart murmur. When he began work for Johns-Manville Corporation in 1956, he was given a physical examination and was again informed that he had a heart murmur. He has had annual physical examinations in connection with his work thereafter. He recalls that following these examinations doctors would inform him of the heart murmur. He missed very little time from work because of illness during the 14 years that he worked for this employer. However, in March of 1970 he was admitted to a hospital as an emergency patient. The diagnosis upon admission was “mitral insufficiency in mild left heart failure” and acute pulmonary infection. He remained in the hospital for three days and was off work about 10 days. About four days before June 10, 1970, he had an episode of tachycardia (excessively rapid action of the heart) which subsided spontaneously after about three days.

It is the employer’s first contention that on June 10, 1970, Hartman was performing his usual duties and did nothing unusual which could have related the episode to his work. The employer contends that Hartman’s disability is the result of the natural progression of a gradually debilitating disease (rheumatic heart disease). The employer also contends that the disability was not caused by an accident within the meaning of the Workmen’s Compensation Act.

The reliance upon International Harvester Co. v. Industrial Com., 56 Ill.2d 84, is misplaced. Here, unlike in International Harvester Co., the onset of Hartman’s disability of which he now complains is traceable to a definite time and place. If the evidence supports the conclusion of the Industrial Commission that the cause is also traceable to his employment on the date in question, he has suffered an accidental injury within the meaning of the Act. We held in International Harvester Co. that an injury is accidental within the meaning of the Act which is traceable to a definite time, place and cause and occurs in the course of employment unexpectedly and without affirmative act or design of the employee.

The resolution of this case then turns on whether some aspect of Hartman’s employment caused the episode of June 10, 1970, and his resulting disability. This court was faced with a similar question in Republic Steel Corp. v. Industrial Com., 26 Ill.2d 32, which case also involved an employee with a pre-existing heart condition. This court held, as we later held in International Harvester Co., that there need be neither external violence nor unusual strain or exertion in performing the regular duties of employment. The question is whether the unforeseen giving way of a part of the employee’s body would be deemed to be caused or precipitated by his work. In Republic Steel this court, in reviewing other heart cases, concluded that in cases of pre-existing heart disease recovery is not necessarily precluded, depending on whether the disability was the combined result of the disease and the employee’s work or the result of the disease alone.

Thus, in our case, Hartman had the burden of establishing that his employment on June 10, 1970, was a causative factor of the heart episode that occurred on that date and precipitated his disability. “He need not prove it was the sole causative factor nor even that it was the principal causative factor, but only that it was a causative factor in the resulting injury.” (Republic Steel Corp. v. Industrial Com., 26 Ill.2d 32, 45; see also Kerz v. Industrial Com., 51 Ill.2d 319, 322; Smallwood v. Industrial Com., 53 Ill.2d 151, 155.) This court considered the nature of the required proof as to a causative factor in cases such as Hartman’s in City of Chicago v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wagner Castings Co. v. Industrial Commission
609 N.E.2d 397 (Appellate Court of Illinois, 1993)
Old Ben Coal Co. v. Industrial Commission
489 N.E.2d 1159 (Appellate Court of Illinois, 1986)
Weers v. Industrial Commission
467 N.E.2d 586 (Appellate Court of Illinois, 1984)
Fregeau v. Gillespie
451 N.E.2d 870 (Illinois Supreme Court, 1983)
Spencer v. Harrah's Inc.
641 P.2d 481 (Nevada Supreme Court, 1982)
Collier v. Wagner Castings Co.
408 N.E.2d 198 (Illinois Supreme Court, 1980)
Lambert v. Industrial Commission
402 N.E.2d 617 (Illinois Supreme Court, 1980)
Sears, Roebuck & Co. v. Industrial Commission
402 N.E.2d 231 (Illinois Supreme Court, 1980)
Westinghouse Electric Co. v. Industrial Commission
356 N.E.2d 28 (Illinois Supreme Court, 1976)
Ford Motor Co. v. Industrial Commission
342 N.E.2d 38 (Illinois Supreme Court, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
326 N.E.2d 389, 60 Ill. 2d 221, 1975 Ill. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johns-manville-corp-v-industrial-commission-ill-1975.