Klapperich v. Agape Halfway House, Inc.

281 N.W.2d 675, 1979 Minn. LEXIS 1556
CourtSupreme Court of Minnesota
DecidedJune 8, 1979
Docket49109
StatusPublished
Cited by11 cases

This text of 281 N.W.2d 675 (Klapperich v. Agape Halfway House, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Klapperich v. Agape Halfway House, Inc., 281 N.W.2d 675, 1979 Minn. LEXIS 1556 (Mich. 1979).

Opinion

TODD, Justice.

Herman Klapperich was employed as director of Agape Halfway House, Inc. He claimed his job caused him mental stress and strain. Klapperich suffered from arteriosclerosis. He suffered a heart attack while assisting his son in home repairs. The Workers’ Compensation Court of Appeals awarded Klapperich 15-percent permanent partial disability, temporary total disability, and medical expenses on the grounds that his employment was a substantial contributing factor in bringing about his heart attack. We reverse.

Klapperich had been a blacksmith from 1947 to 1974 when an accident precluded his continued employment in this field. He also had problems with excessive drinking until' 1961, when he became involved with Alcoholics Anonymous. His involvement with AA and additional educational training qualified him as counselor in the field of chemical dependency. In 1974, he was appointed the first director of Agape Halfway House, a rehabilitation center for chemical dependents. He supervised a staff of one full-time counselor, several part-time counselors, a part-time secretary, and two cooks. Agape had a capacity for 16 resident patients. Originally Klapperich and his wife resided at the house but subsequently moved to an apartment nearby.

In addition to supervising the staff, Klapperich was responsible for preparing the annual budget, obtaining grant funds, soliciting patients (which required some travel), 1 some individual counseling of patients, minor repair and maintenance tasks, and occasionally being called out at night to assist in the handling of a patient. Klappe-rich testified that he worked 60 to 80 hours per week, but this claim was disputed by members of the board of directors of Agape. In addition, Klapperich was experiencing a personal problem with his full-time counselor. He testified that he understood that his job was at stake if he could not resolve his problem. However, the evidence established that there was no factual basis for this claim and that the board had discharged the counselor and then given her 90 days to straighten out her problems with Klapperich or her discharge would be final.

*677 It further appears the Klapperich was in the process of preparing his annual budget prior to a scheduled board meeting on March 8, 1976. Although the budget was not to be presented at this meeting, Klappe-rich had worked additional time immediately prior to the meeting so as to have his rough draft figures available at the meeting.

On Friday, March 5, 1976, Klapperich took a day’s vacation and left with his wife to visit their son in a nearby community. Klapperich’s son was engaged in remodeling the bathroom of his home and was being helped by his brother and father. Klappe-rich performed certain light cleanup tasks on Saturday and furnished some supervision. After church on Sunday, he physically assisted in finishing the ceiling. He stood on a table holding a can of spackle material in his left hand, applying it overhead with a putty knife held in his right hand. This work activity lasted about 1¾ hours. Klapperich then rested and had coffee. He felt dizzy and went outside for air. Later that evening his wife drove him home, having to stop once to allow him to again get some fresh air. That evening he was taken to the hospital where it was determined that he had suffered a myocardial infarction.

At this time, Klapperich, who was 5 feet 5 inches in height, weighed 195 pounds, smoked 6 to 8 cigars a day which he inhaled, drank up to 50 cups of coffee per day, and did no physical exercise. The examination at the hospital disclosed that he had an arteriosclerotic heart disease which caused a narrowing of the right coronary artery.

Klapperich filed a petition for temporary total and permanent partial disability benefits. He testified that in the days immediately preceding his heart attack he was subject to mental stress and strain at his employment. He bases this claim on his concern that the occupancy rate was below the break-even point, that he had been working extra hours in preparing his annual budget, and that he intended to raise an issue at the March 8 meeting regarding another incident with the full-time counsel- or. The record does not disclose that Klapperich communicated any problem of stress and strain to anyone prior to the occurrence of the heart attack. Rather, the evidence indicates that he was very relaxed while at his son’s home. Further, testimony of board members described Klapperich as a very calm individual with no outward manifestations of stress, strain, or overwork. His son observed nothing unusual about his father while at his house immediately prior to his becoming ill and described him as “joking as usual.”

■ Dr. Peter Cermak testified on behalf of Klapperich. He was not the treating physician, but had examined Klapperich for purposes of testifying. He concluded that the stress and strain of Klapperich’s employment was a substantial contributing factor to the occurrence of the heart attack. He based his conclusions on the statements given to him by Klapperich as to facts of stress and strain at Klapperich’s occupation.

Dr. Raymond Scallen testified on behalf of the employer. He did not examine Klapperich, but attended the hearing, examined the hospital records, and listened to Dr. Cermak. Dr. Scallen disagreed with Dr. Cermak’s conclusion and testified that the heart attack occurred because of Klapperich’s physical condition and the strain of physical labor involved in spack-ling the ceiling.

The referee awarded temporary total disability, 10-percent permanent partial disability, and medical expenses. He based his findings on the grounds that the record supported the opinion of Dr. Cermak that Klapperich’s employment was a substantial contributing factor to the occurrence of the heart attack. The Workers’ Compensation Court of Appeals affirmed the decision of the referee and increased the percentage of permanent partial disability to 15 percent and increased the period of temporary disability. In its memorandum accompanying its decision, the court of appeals described this case as another where “we again see the diversity of opinion which exists among medical experts.”

*678 The issues presented are:

(1) Does the evidence support the finding that Klapperich’s mental stress and strain were medically related to his myocardial infarction?

(2) Even if the mental stress and strain were medically related to the infarction, was the causal connection insufficient as a matter of law for recovery of workers’ compensation benefits?

1. Dr. Cermak testified that Klappe-rich’s work-related stress and strain were a substantial cause of the myocardial infarction. After acknowledging that Klapperich was a classic potential heart attack victim, considering such things as his consumption of 50 cups of coffee per day, his daily smoking of 6 to 8 cigars, his obesity (45 pounds overweight), his arteriosclerosis, his age of 53, and his high cholesterol, Dr. Cermak testified as to the effects of stress by stating:

“From a physiological standpoint the effects of stress are as I said. There is a release of adrenalin or — adrenalin by the body.

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Bluebook (online)
281 N.W.2d 675, 1979 Minn. LEXIS 1556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klapperich-v-agape-halfway-house-inc-minn-1979.