Johns-Manville Products Corp. v. Industrial Commission

399 N.E.2d 606, 78 Ill. 2d 171, 35 Ill. Dec. 540, 1979 Ill. LEXIS 428
CourtIllinois Supreme Court
DecidedDecember 3, 1979
Docket51830
StatusPublished
Cited by49 cases

This text of 399 N.E.2d 606 (Johns-Manville Products 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 Products Corp. v. Industrial Commission, 399 N.E.2d 606, 78 Ill. 2d 171, 35 Ill. Dec. 540, 1979 Ill. LEXIS 428 (Ill. 1979).

Opinion

MR. JUSTICE RYAN

delivered the opinion of the court:

This appeal concerns the compensability of a fatal heart attack under the Workmen’s Compensation Act (Ill. Rev. Stat. 1973, ch. 48, par. 138.1 etseq.). Claimant is the widow of Allen Smith, an employee of the Johns-Manville Products Corporation who died from a heart attack suffered several hours after his return home from work. The arbitrator denied compensation. On review, the Industrial Commission awarded compensation, and the circuit court of Lake County confirmed the decision of the Commission. Johns-Manville appeals directly to this court under our Rule 302(a) (58 Ill. 2d R. 302(a)). At the time of his death, Smith was 60 years of age, 5 feet 6 inches tall and weighed approximately 350 pounds. Medical testimony clearly established that Smith suffered acute congestive heart failure due to a preexisting heart disease. The main issue on appeal is whether the nature of Smith’s employment contributed to and aggravated his preexisting heart condition; that is, whether Smith sustained accidental injuries arising out of and in the course of his employment on July 13, 1974, which resulted in his death on July 14, 1974.

Smith was employed as a pipe hydrotester at JohnsManville in Waukegan. The pipes tested were made of asbestos cement, weighed from 200 to 1,000 pounds, and measured 13 feet in length and 10 or 14 inches in diameter. Smith’s primary duty consisted of aligning these pipes onto a testing machine. Such alignment required Smith to roll the pipes up an incline of approximately 3 feet in order to get them to the saddle of the machine. The pipes tested varied in measurement. In the event that a pipe with a different diameter was tested, Smith was required to change the heads of the tester. To do so, he had to climb a ladder of approximately 20 feet. At times the pipes tested were unable to withstand the pressure applied. In the event of a complete break in a pipe, Smith, in his capacity as tester, was required to pick the pieces of broken pipe out from the testing machine. This activity would necessitate the bending of the body. The job of tester is described as a standing job. According to a job description and evaluation of a hydrotester operator which was prepared for Johns-Manville and dated July 31, 1967, the job required above-average physical demands.

Smith reported to work on July 13, 1974, at 6:30 a.m. and performed his usual duties. The evidence presented in the hearings below supports an inference that the work load on that date was lighter than usual. However, at least one time during that shift, Smith was required to climb 20 feet and replace the heads on the testing machine. During the arbitration hearing, and also before the Industrial Commission, several of the deceased’s coworkers testified as to their impressions of Smith’s behavior on July 13, 1974. John Carter, a coworker, stated that Smith told him that he didn’t feel well. John Barnes, an employee of Johns-Manville who worked in close proximity to the deceased, also testified that Smith told him he did not feel well. Barnes also stated that the deceased complained of pain in his legs and showed Barnes his swollen ankles. Barnes observed Smith later that day in the lunchroom in what appeared to Barnes to be an upright sleeping position; such behavior was reportedly uncharacteristic of the deceased. Both Carter and Barnes observed that Smith perspired profusely on July 13, 1974. According to Carter, Barnes and Cecil Elrod, another coworker, the work area was extremely hot and the ventilation inadequate on that date.

Smith left work at 3 p.m., which was the usual time his shift ended. He arrived at his home shortly thereafter. His wife, the claimant in this action, testified before the arbitrator and the Industrial Commission that her husband appeared listless and that his ankles were very swollen. Mrs. Smith further stated that her husband did not follow his usual after-work routine. Instead, he ate a small meal and retired to a reclining chair where he watched the television and dozed for the remainder of the evening. Mrs. Smith stated that her husband’s breathing was unusually heavy that evening. The following morning, July 14, 1974, Mrs. Smith found her husband dead in his bed. An autopsy was performed. The autopsy report indicated the conditions which gave rise to the cause of death to be “acute congestive heart failure, with bilateral pulmonary congestion and edema,” marked “cardiac hypertrophy with coronary insufficiency and profound obesity.”

Several doctors testified at the arbitration hearing. Dr. William Fitzsimmons, a treating physician, testified for the claimant and stated that Smith’s medical records indicated a preexisting cardiac deficiency. Specifically, the doctor stated that an examination of the records revealed “cardial enlargement and hypertension.” Dr. Fitzsimmons also noted evidence of lung pathology. He stated that swelling of the feet and difficulty in breathing were symptoms secondary to congestive heart failure. In response to a hypothetical question, Dr. Fitzsimmons testified that exertion may bring about heart failure and the fact itself of the occurrence of a congestive heart failure indicates an event beyond the body’s tolerance. Since congestive heart failure does not occur instantaneously, once the process is started, according to Dr. Fitzsimmons, any physical activity would aggravate the condition. Thus, Dr. Fitzsimmons concluded that there could be a causal connection between Smith’s employment and his subsequent demise. Dr. Vem L. Zech testified for the respondent. He stated that Smith suffered from a heart disease for approximately 10 years and that physical activity did not correlate with the occurrence of death. Dr. Zech’s testimony was based on the premise that Smith’s employment duties consisted of pushing buttons. A third doctor, Dr. Gloucester A. Price, also testified for the respondent. He concluded that an oxygen insufficiency had caused Smith to die and that the work requirement had no correlation with the cause of the deceased’s coronary disease. At the close of the presentation of the evidence, the arbitrator denied the death benefit award on the ground that the deceased did not suffer an accidental injury arising out of and in the course of his employment.

At the review hearing before the Industrial Commission, Dr. James T. Hicks was called to testify on behalf of the claimant. In response to a hypothetical question, Dr. Hicks stated that there was a causal relationship between the death of an individual with a physical history such as that of Smith and the duties required of a hydrotester. The Industrial Commission reversed the arbitrator’s findings and awarded the death benefit to Smith’s widow. The circuit court of Lake County confirmed the decision of the Industrial Commission.

On appeal to this court, J ohns-Manville contends that the Industrial Commission’s decision on the issue of accidental injury is contrary to the manifest weight of the evidence and therefore must be reversed. After a review of the records in the proceedings below, we affirm the judgment of the Lake County circuit court.

In a recent opinion, this court has stated that the employer takes the employee as he finds him. (County of Cook v. Industrial Com. (1977), 69 Ill. 2d 10, 17.) In accordance with this principle, the mere fact that an employee may suffer from a preexisting condition will be insufficient to preclude recovery under the Act.

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

Related

Cetera v. DiFilippo
934 N.E.2d 506 (Appellate Court of Illinois, 2010)
Lenny Szarek, Inc. v. Illinois Workers' Compensation Commission
919 N.E.2d 43 (Appellate Court of Illinois, 2009)
Ming Auto Body/Ming of Decatur, Inc. v. Industrial Commission
899 N.E.2d 365 (Appellate Court of Illinois, 2008)
Adams v. Sarah Bush Lincoln Health Center
874 N.E.2d 100 (Appellate Court of Illinois, 2007)
Edward Don Co. v. Industrial Commission
801 N.E.2d 18 (Appellate Court of Illinois, 2003)
Baggett v. Industrial Commission
775 N.E.2d 908 (Illinois Supreme Court, 2002)
Sisbro, Inc. v. Industrial Commission
764 N.E.2d 1163 (Appellate Court of Illinois, 2002)
Hulman v. Evanston Hospital Corp.
631 N.E.2d 322 (Appellate Court of Illinois, 1994)
Weekley v. Industrial Commission
615 N.E.2d 59 (Appellate Court of Illinois, 1993)
Carter v. Johnson
617 N.E.2d 260 (Appellate Court of Illinois, 1993)
Herron v. Anderson
626 N.E.2d 1035 (Appellate Court of Illinois, 1993)
People v. Jackson
614 N.E.2d 94 (Appellate Court of Illinois, 1993)
Cognato v. Industrial Commission
609 N.E.2d 783 (Appellate Court of Illinois, 1993)
Freeman United Coal Mining Co. v. Industrial Commission
587 N.E.2d 1141 (Appellate Court of Illinois, 1992)
Hutson v. Industrial Commission
585 N.E.2d 1208 (Appellate Court of Illinois, 1992)
Hebeler v. Industrial Commission
565 N.E.2d 1035 (Appellate Court of Illinois, 1991)
Palmer House v. INDUSTRIAL COMM'N.
558 N.E.2d 285 (Appellate Court of Illinois, 1990)
Roberts v. Sisters of Saint Francis Health Services, Inc.
556 N.E.2d 662 (Appellate Court of Illinois, 1990)
Illinois State Toll Highway Authority v. Heritage Standard Bank & Trust Co.
552 N.E.2d 1151 (Appellate Court of Illinois, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
399 N.E.2d 606, 78 Ill. 2d 171, 35 Ill. Dec. 540, 1979 Ill. LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johns-manville-products-corp-v-industrial-commission-ill-1979.