Madanat v. General Motors Corp.

316 A.2d 233, 1974 Del. Super. LEXIS 180
CourtSuperior Court of Delaware
DecidedJanuary 29, 1974
StatusPublished

This text of 316 A.2d 233 (Madanat v. General Motors Corp.) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Madanat v. General Motors Corp., 316 A.2d 233, 1974 Del. Super. LEXIS 180 (Del. Ct. App. 1974).

Opinion

TAYLOR, Judge.

Employee worked on the rear bumper assembly line at General Motors [employer]. He commenced work on August 16, 1971. In the latter part of October 1971 employee developed a pain in his lower back. He stated that he reported the condition to the employer’s dispensary on October 28, 1971. On the previous day he had felt “a pinching type thing” in his low back area on the left which was followed by a certain heaviness in his left leg. Employee related the onset of his back condition to a time when the assembly line was out of synchronization, requiring him to walk an extra car length carrying bumpers to cars on the assembly line. The period of non-synchronization lasted for one to one and a half hours. The Board found that the average weight of the bumpers which he carried was between 40 and SO pounds.

The Board found that there was a causal relationship between employee’s back difficulties and his job on the rear bumper assembly line. The Board further found that there was insufficient evidence of a preexisting back condition. The Board also found that the lifting of 40 to SO pound bumpers fifty-five to sixty times per hour constitutes unusual exertion. The Board also found that while there had been proof of the place and circumstances under which employee’s condition originated, there was no proof of the time of an occurrence and hence there was no accident within the meaning of the Workmen’s Compensation Law. The issue is whether the employee’s back condition was caused by accident as required by the Workmen’s Compensation Law. 19 Del.C. § 2304.1

Many of the Supreme Court cases which have dealt with the issue of “accident” have involved physical condition which existed in lesser form prior to the occurrence for which compensation was sought. Belber Trunk & Bag Co. v. Menesy, Del.Supr., 8 Terry 595, 96 A.2d 341 (1953) (pre-existing degenerative changes in bones, muscles and tendons of the arm) ; Barone v. McCormick Transportation Company, Del.Supr., 11 Terry 502, 135 A.2d 140 (1957) prior back injury followed by gradual deterioration of the back); Faline v. Guido and Francis DeAscanis & Sons, Del.Supr., 192 A.2d 921 (1963) (previous evidence of heart condition); Johnson v. Chrysler Corporation, Del.Supr., 213 A.2d 64 (1965) (pre-existing back condition from prior injury); DeRocili v. Chrysler Corporation, Del.Supr., 259 A.2d 373 (1969) (pre-existing back nerve root syndrome); Milowicki v. Post and Paddock, Inc., Del.Supr., 260 A.2d 430 (1969) (pre-existing degenerative disc condition). In such cases, the onset of the more serious condition must have been accompanied by unusual exertion in order to be a com-pensable accident. Milowicki v. Post and Paddock, Inc., supra.

Reynolds v. Continental Can Company, Del.Supr., 240 A.2d 135 (1968) held that at least in heart cases of the infarction type, the rule requiring “unusual exertion” applies. By footnote, the Court differentiated the facts in Reynolds from cases involving breakage or rupture of a part of the body, where no showing of unusual exertion was required, as in General Motors Corp. v. McNemar, Del.Supr., 202 A.2d 803 (1964) and Gray’s Hatchery and Poultry Farms v. Stevens, Del.Super., 7 Terry 191, 81 A.2d 322 (1950).

In DeRocili v. Chrysler Corporation, Del.Supr., 259 A.2d 373 (1969), the Delaware Supreme Court held that the gradual deterioration of a pre-existing back condition while an employee performed his regular duties, unaccompanied by an unusual event or exertion at a precise time did not qualify under the Workmen’s Compensa[235]*235tion Law as an accident. The employee “did his usual work in the usual way with no untoward incident”.

General Motors v. McNemar, Del.Supr., 202 A.2d 803 (1964) has been cited in support of the proposition that workmen’s compensation may be granted in an instance where no unusual exertion has occurred. McNemar has been distinguished on its facts by the Supreme Court. In Reynolds v. Continental Can Co., supra, the Supreme Court pointed out that Mc-Nemar involved the rupture of an aneurysm of an artery. In DeRocili v. Chrysler, supra, the Supreme Court observed that in McNemar the constant strain, the repetitive blows on the head and the resulting artery dilation were “the equivalent of an accident”. In Milowicki v. Post and Paddock, Inc., Del.Supr., 260 A.2d 430, 431, (1969), the Supreme Court distinguished McNemar “because there the employee was in good health at the time of the injury.”

In this case, the Board found that the work which employee had done on the occasion when the first evidence, of his disability appeared constituted “unusual exertion”. The Board also found that there was insufficient evidence of a pre-existing back condition. It also found that there was substantial evidence to establish a causal relationship between employee’s work and his back and leg condition.

The Board did not address itself to the question of whether the onset of the back and leg condition qualifies as a breakage or rupture. Dr. Theodore Strange characterized employee’s condition as an acute herniated disc, which was associated with employee’s bending and lifting on the job.

In Gray’s Hatchery and Poultry Farms v. Stevens, supra, an invertebral disc had ruptured while an employee was performing his usual work of unloading egg crates. He felt something snap, suffered severe pain, dropped the crate and fell. In upholding the award of compensation, this Court stated:

“However, in cases of this sort the most compelling reasons exist for requiring that the evidence clearly establish that the injury happened at a fixed time and place and was attributable to a clearly traceable incident of the employment. Otherwise, the causal connection between the application of force and the resulting internal injury would be rendered vague and the element of unexpectedness, without which the definition of an accident is incomplete, would be lacking.”

Two statements referred to in Stevens are illuminating. The first is that upon the weight of authority in this country, an employee rupturing or otherwise straining himself while in the usual course of his employment has suffered a compensable accident.

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Related

Faline v. Guido and Francis DeAscanis & Sons
192 A.2d 921 (Supreme Court of Delaware, 1963)
Gray's Hatchery & Poultry Farms, Inc. v. Stevens
81 A.2d 322 (Superior Court of Delaware, 1950)
Belber Trunk & Bag Co. v. Menesy
96 A.2d 341 (Supreme Court of Delaware, 1953)
Johnson v. Chrysler Corporation
213 A.2d 64 (Supreme Court of Delaware, 1965)
DeRocili v. Chrysler Corporation
259 A.2d 373 (Supreme Court of Delaware, 1969)
Barone v. McCormick Transportation Company
135 A.2d 140 (Supreme Court of Delaware, 1957)
General Motors Corporation v. McNemar
202 A.2d 803 (Supreme Court of Delaware, 1964)
Milowicki v. Post and Paddock, Inc.
260 A.2d 430 (Supreme Court of Delaware, 1969)
Reynolds v. Continental Can Company
240 A.2d 135 (Supreme Court of Delaware, 1968)
Star Publishing Co. v. Martin
95 A.2d 465 (Superior Court of Delaware, 1953)

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Bluebook (online)
316 A.2d 233, 1974 Del. Super. LEXIS 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madanat-v-general-motors-corp-delsuperct-1974.