Lancaster v. Gilbert Development

736 P.2d 237, 56 Utah Adv. Rep. 3, 1987 Utah LEXIS 695
CourtUtah Supreme Court
DecidedApril 20, 1987
Docket20897
StatusPublished
Cited by12 cases

This text of 736 P.2d 237 (Lancaster v. Gilbert Development) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lancaster v. Gilbert Development, 736 P.2d 237, 56 Utah Adv. Rep. 3, 1987 Utah LEXIS 695 (Utah 1987).

Opinion

DURHAM, Justice:

The claimant, James Lancaster, seeks review of the denial of workers’ compensation benefits by the State Industrial Commission for injuries from a heart attack that occurred while he was clearing snow with a backhoe at Brian Head Ski Resort. We examine the evidence on this writ of review to determine if the claimant’s heart attack is the result of an injury “by acci *238 dent arising out of or in the course of his employment.” U.C.A., 1953, § 35-1-45 (Supp.1986). We recently established the analytical framework for internal injury cases such as this in Allen v. Industrial Commission, 729 P.2d 15 (Utah 1986). Using the analysis in Allen, we affirm the decision of the Industrial Commission.

On February 17,1984, the claimant, aged 43, arrived for work at Brian Head Resort at his usual hour of 7:00 a.m. The elevation at Brian Head Resort is approximately ten thousand feet. Claimant’s first task was to clear snow using a backhoe. Although the temperature outside was cold, the cab of the backhoe was heated. All of the backhoe controls were hydraulically operated and required no unusual effort to operate. During the morning’s work, the claimant climbed in and out of the backhoe two or three times.

The claimant experienced chest pains, which became more severe as the day progressed. These pains were more severe than similar pains he had experienced four days earlier. When the pains became debilitating, he informed his supervisor, who then called paramedics; the claimant was transported to a hospital in Cedar City, Utah. The treating physician determined that the claimant was suffering from acute anterior myocardial infarction. After one week at the hospital, the claimant was released to the care of his personal physician, Dr. Chanderraj. Although this was the claimant’s first heart attack, he had several preexisting risk factors that predisposed him to heart attacks: a twenty-year smoking history, an elevated serum cholesterol level, an elevated uric acid level, and borderline diabetes.

On August 10, 1984, the Industrial Commission held a hearing in which one doctor, Dr. Perry, was appointed to a medical panel. A hearing on the medical panel findings was held on March 25,1985. On April 5,1985, the administrative law judge issued his findings of fact, conclusions of law, and order. The administrative law judge reviewed the conflicting medical evidence and then adopted the medical findings of the medical panel as his own. The administrative law judge found:

[T]he Applicant’s work activities and the myocardial infarction of [February 17, 1984] do not constitute an injury by accident. The Applicant’s heart attack was unexpected, but there was nothing about his work activities that could constitute an unanticipated, unintended occurrence different from what would normally be expected to occur in the usual course of events. His heart attack appears to have been a mere coincidence, and his work activities did not contribute significantly to its occurrence. At best, it is conjectural as to whether it even precipitated his heart attack, but it clearly was not a significant precipitating cause. There was no evidence that the Applicant’s work activities on February 17, 1984 were particularly different from the activities he had been performing for many weeks prior thereto.

The administrative law judge ultimately denied the claim on the ground that the claimant failed to show that the heart attack was “by accident” and that the heart attack was medically caused by an exertion in the workplace.

Our scope of review of factual findings in Industrial Commission cases is limited. We have explained in prior cases:

The reviewing court’s inquiry is whether the Commission’s findings are “arbitrary and capricious” or “wholly without cause” or contrary to the “one [inevitable] conclusion from the evidence” or without “any substantial evidence” to support them. Only then should the Commission’s findings be displaced.

Kaiser Steel Corp. v. Monfredi, 631 P.2d 888, 890 (Utah 1981) (quoted in Pittsburgh Testing Laboratory v. Keller, 657 P.2d 1367, 1370 (Utah 1983), and Sabo’s Electronic Service v. Sabo, 642 P.2d 722, 725 (Utah 1982)). At the time of his decision, the administrative law judge did not have the benefit of our analytical framework for accident cases involving internal failures set forth in Allen v. Industrial Commission, 729 P.2d 15 (Utah 1986). Nevertheless, the record is sufficiently developed for *239 us to apply Allen to the facts and conclusions in the case before us.

. In Allen v. Industrial Commission, we explained that the Utah Workers’ Compensation Act, section 35-1-45, requires proof that an injury occurred “by accident” and proof of a causal connection between the accident and the activities or exertions required in the workplace. 729 P.2d at 18. The administrative law judge’s ruling shows that,he found the evidence insufficient to meet both the accident and the causation elements. -

In Allen, we embraced the definition of “by accident” first formulated in Purity Biscuit Co. v. Industrial Commission, 115 Utah 1, 201 P.2d 961 (1949). We rejected the position that an accident requires an unusual event or occurrence. 729 P.2d at 20. An ordinary or usual exertion is sufficient to meet the “by accident” definition if “the result of an exertion was different from what would normally be expected to occur, the occurrence was unplanned, unforeseen, unintended and therefore by accident.” 729 P.2d at 22. The critical factor when determining whether an incident is by accident is unexpectedness. 729 P.2d at 22.

Despite a finding that the heart attack was unexpected, the administrative law judge concluded there was no accident primarily because the claimant was undertaking his usual work duties. That conclusion cannot stand in light of the standard set forth in Allen. Although the claimant had experienced similar pains four days earlier, he had not been advised of the etiology of those pains and he had no forewarning that they would occur again on February 17. Moreover, there is nothing in the claimant’s job duties to suggest that he would suffer a heart attack. There is overwhelming evidence that the claimant. did not intend to have a heart attack, nor did he anticipate one. These factors, taken together with the finding that the myocardial infarction was the “unexpected” result of an exertion in the workplace, require the conclusion that the heart attack was “by accident.”

The next step requires us to analyze the causal connection between the heart attack and the working conditions. See Hone v. Shea,

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736 P.2d 237, 56 Utah Adv. Rep. 3, 1987 Utah LEXIS 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lancaster-v-gilbert-development-utah-1987.