Mataraza v. City of Euclid

2011 Ohio 2795, 952 N.E.2d 574, 193 Ohio App. 3d 479
CourtOhio Court of Appeals
DecidedJune 9, 2011
Docket95830
StatusPublished
Cited by1 cases

This text of 2011 Ohio 2795 (Mataraza v. City of Euclid) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mataraza v. City of Euclid, 2011 Ohio 2795, 952 N.E.2d 574, 193 Ohio App. 3d 479 (Ohio Ct. App. 2011).

Opinions

Mary Eileen Kilbane, Judge.

{¶ 1} Plaintiff-appellant, Kim Mataraza, appeals from the order of the trial court that awarded summary judgment to the city of Euclid, thereby reversing her award of workers’ compensation surviving-spouse death benefits. For the reasons set forth below, we reverse the judgment and remand the cause for further proceedings consistent with this opinion.

{¶ 2} Mataraza’s late husband, James Mataraza (referred to herein as “James” or “the decedent”), began working as a firefighter for the city of Euclid in 1991. On January 19, 2005, James, who was then 41 years old, suffered a fatal heart attack. Mataraza filed a request for determination of death benefits for “accident/occupational disease” with the Bureau of Workers’ Compensation. According to Mataraza, James’s heart disease was “caused or contributed to by the cumulative effect of exposure to heat, the inhalation of smoke, toxic gasses, chemical fumes and other substances in the performance of his duties [as a firefighter] over the prior fourteen years,” and was therefore a work-related death under the rebuttable presumption codified at R.C. 4123.68(W).

{¶ 3} On January 5, 2006, the administrator of the Bureau of Workers’ Compensation denied the claim, noting:

The decedent’s death did not occur in the course of and arising out of employment. The employee was not on property owned or controlled by the [481]*481employer. * * * There is no medical documentation to indicate the death was caused by employment.

{¶ 4} Mataraza appealed the administrator’s decision to the district hearing officer (“DHO”). Following a hearing on September 14, 2006, the DHO concluded that the “[deceased claimant was a firefighter who died from atherosclerotic heart disease. Per Ohio Revised code 4123.68, the claim is referred for qualified medical specialist review.

{¶ 5} Dr. Alan Kravitz, Euclid’s expert, and Dr. Haridas Biswas, Mataraza’s expert, subsequently reviewed the matter. Following a second hearing before the DHO on January 8, 2007, the DHO concluded:

It is the finding of the District Hearing Officer that the date of diagnosis is 01/19/05 [the date of James’s death]. Employment [sic].
District Hearing Officer finds decedent’s occupation as a firefighter to be a contributing factor to the decedent’s coronary artery disease and myocardial infarction resulting in death per Dr. Kravitz review dated 09/16/2006 and the 12/01/2006 [Dr. Haridas] Biswas review.
District Hearing Officer further finds the surviving spouse Kimberly Mataraza to be wholly dependent upon decedent for support at the time of death * * *

{¶ 6} Euclid appealed this decision to a staff hearing officer (“SHO”). The SHO heard the matter on March 9, 2007, and on March 13, 2007, the SHO affirmed the award of surviving-spouse death benefits.

{¶ 7} Euclid filed a further appeal on March 19, 2007, and on April 10, 2007, the SHO released the following decision:

[I]t is ordered that the Appeal filed 03/19/2007 by the Employer from the order issued 03/13/2007 by the Staff Hearing Officer be refused and that copies of this order be mailed to all interested parties.
This appeal was reviewed by two Staff Hearing Officers on behalf of the Commission. Both Staff Hearing Officers concur with this decision.

{¶ 8} Euclid filed an appeal to the court of common pleas on April 10, 2007, which was subsequently dismissed. On February 2, 2009, a new complaint was filed in the matter.

{¶ 9} On May 4, 2010, Euclid filed a motion for summary judgment. Euclid acknowledged that R.C. 4123.68 creates a rebuttable presumption that when a firefighter suffers cardiovascular, pulmonary, or respiratory disease, the disease occurs in the course of and arising out of his employment where it is caused or induced by the cumulative effect of exposure to heat, the inhalation of smoke, toxic gases, chemical fumes, and other toxic substances in the performance of his [482]*482duty. Euclid maintained, however, that James had cardiovascular disease prior to becoming a firefighter, and that the aggravation of this preexisting disease is not compensable.

{¶ 10} In support of its motion, Euclid submitted the April 14, 2010 report of Dr. Kravitz that states as follows:

I believe Mr. Mataraza’s death was secondary to his duties as a firefighter. These are arduous work, working in an active fire, superheated flames, dragging heavy hoses and the like. Indeed, it is a time when a firefighter is fearful for his very life. It is certain [James] had atherosclerosis prior to any fire-fighting due to his family history and hyperlipidemia (high cholesterol). His cholesterol was extraordinarily high at 269, his LDL, or bad cholesterol, at 197 (nl less than 80). The descriptions I have referred to of his occupation as a firefighter are indeed stressful and accordingly aggravated the preexisting conditions stated. * * * Specifically, his infarction was predetermined, but for a time later in life were it not for his occupation. The thrombosis in his left anterior descending artery was in fact the cause of his infarction although it manifested itself (although present) days before. The coroner’s report shows severe atherosclerosis, 90% occlusion with acute plaque rupture and thrombosis clot in the left anterior descending arteries with resultant recent myocardial infarction. I have described in great detail the chores of a firefighter. They are certainly different from those of an average worker. In addition to the statements above, there is a very high degree of stress associated with this job. Such stress is known to make platelets ‘sticky’ or aggregate, which caused the occlusion.
* * * It is my opinion to a reasonable degree of medical certainty and probability that the sequence of events, i.e., aggravation of pre-existing condition, is directly and proximately related to his work as a firefighter.

{¶ 11} In opposition, Mataraza asserted that there are genuine issues of material fact as to whether she is entitled to compensation: (1) Did James have preexisting heart disease at the time he was hired as a firefighter at age 27? and (2) Was James’s fatal heart attack an injury occasioned by stress experienced in the course of and arising out of his employment? Mataraza noted that prior to becoming a firefighter, James had never been diagnosed with cardiovascular disease. In addition, James passed his 1991 preemployment physical, and there was no finding of cardiovascular disease at that time.

{¶ 12} Mataraza cited the April 14, 2010 report of Dr. Kravitz, quoted above, and also presented the December 1, 2006 report of Dr. Biswas, which stated:

1. The claimant’s death and autopsy report suggests that the patient had coronary artery disease. It appears that the patient’s death was due to sequelae of the patient’s coronary atherosclerosis. This appears to be preexist[483]*483ing conditions [sic] in terms of the timing of death. There is no direct causation of his death as a firefighter for City of Euclid.
2. The patient definitely had preexisting atherosclerotic heart disease but the duration is not known. Normally, coronary artery disease or atherosclerotic cardiovascular disease is a multifactorial .disease.

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Related

Mataraza v. City of Euclid
2011 Ohio 2795 (Ohio Court of Appeals, 2011)

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Bluebook (online)
2011 Ohio 2795, 952 N.E.2d 574, 193 Ohio App. 3d 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mataraza-v-city-of-euclid-ohioctapp-2011.