McBride v. Industrial Commission

240 P.2d 865, 73 Ariz. 293, 1952 Ariz. LEXIS 244
CourtArizona Supreme Court
DecidedFebruary 18, 1952
DocketNo. 5530
StatusPublished

This text of 240 P.2d 865 (McBride v. Industrial Commission) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McBride v. Industrial Commission, 240 P.2d 865, 73 Ariz. 293, 1952 Ariz. LEXIS 244 (Ark. 1952).

Opinion

DE CONCINI, Justice.

Wanda E. McBride, widow of the deceased workman, Doxsee H. McBride, petitioned for a writ of certiorari to review the action of the respondent Industrial Commission of Arizona in denying her claim for widow’s and minors’ benefits under the Workmen’s Compensation Law, A.C.A.1939, § 56-901 et seq.

Petitioner assigns four errors based on a number of propositions of law. The first two assigned errors are to the effect that the commission failed to act judicially and that it acted “arbitrarily and capriciously in obtaining a review of a challenged medical opinion, and in relying upon the review which declined to re-evaluate the challenged medical opinion”. The other two assignments of error challenge the award on the ground that it is not supported by the evidence.

While the facts surrounding the accident and death of the deceased are not complicated, yet the history of this case in the annals of .the commission has a number of ramifications. The commission held five hearings, examined numerous laboratory reports and medical opinions, and consistently held that the deceased’s death had no relation to the accident he sustained.

The deceased, on November 26, 1948, was in the employ of Fannin’s Gas & Equipment Company. While working as an installation helper on one of the delivery trucks, he was struck on the chest with a heavy “boomer chain”. The blow did not cause him to lose consciousness, but did cause pain and loss of breath. He was immediately taken to a doctor, who examined him and ordered that X-rays be taken of the right chest and shoulder. McBride remained in the hospital overnight. The accident happened on a Friday and he returned to work early the next week.

He tried to continue with the same type of heavy work that he had done previously, but complained of pains in his chest and difficulty of breathing, so after several days he was assigned to lighter work.

On February 25, 1949, he consulted a physician who, after an examination, recommended that he consult a heart specialist. This he did, and on the latter’s advice ceased working at that time. This was the first time that McBride learned that he suffered from any type of heart trouble.

[295]*295On March 11, 1949, two days before McBride died, he filed a petition with the commission for readjustment or reopening of the award for accident benefits made by that body on January 20, 1949. (This award covered hospitalization and medical expenses only for the November 26th injury).

On March 15th Dr. Harold Wood, a pathologist, performed an autopsy on the body of the deceased, and his report, in part is as follows:

“Generalized arteriosclerosis, unusually advanced for the age of the subject (43 years), involving especially the aorta and the coronary arteries, with multiple foci of coronary artery stenosis; progressive, healed and healing posterior myocardial infarction. Acute circulatory failure, indicated by generalized congestion of the viscera.
* * * * * *
“Note: The autopsy findings indicate death to be the result of acute myocardial failure, secondary to coronary insufficiency and progressive posterior myocardial infarction. The disease responsible for the heart lesions is arteriosclerosis.
“I see no anatomical evidence of thoracic trauma and I see no evidence of relationship between thoracic trauma or pulmonary coccidioidal granuloma, and the death of the individual.”

On April 14, 1949, the commission denied McBride’s petition to reopen the claim.

Petitioner filed a motion for rehearing, which was held May 27, 1949. ■ At this hearing, Drs. Martin C. Flohr and Charles S. Mills testified favorably to the contention of the petitioner, that the blow sustained by the deceased on November 26, 1948 had aggravated the pre-existing heart condition, thus hastening McBride’s death from the latter condition. Both of these doctors were the ones who had examined McBride on February 25th. Dr. Wood testified against petitioner’s contention as to the effect of the accident.

After this hearing, the entire record was submitted to a board of medical review composed of three doctors selected by the commission. They made a report, dated July 26, 1949, finding that the blow on the chest did not aggravate the then existing heart condition. They said in part: “The history has been reviewed and the essential points are as follows: On November 26, 1948, the patient received a blow on the right side of his chest, * * *. It is worthy of note that the blow struck the right side of the chest and that the patient’s complaints were those of pain (to) the right side of the chest. X-ray examination performed at that time was limited to the right side of his chest, obviously because that was the only region the. patient complained of. * * * ” We will consider the above statements at this point. Petitioner makes much of the 'fact that the review board found that the blow struck the right side of the chest, although at later hearings it was [296]*296brought out by cross-examination of the members of the board that they considered it immaterial where the blow struck. (It is mentioned here only to show a conflict on this point.) The record of Dr. Kent, the first physician to see and examine the workman after the injury, deals only with the right side of the chest. His report submitted to the commission in December, 1948, said: “7. State in patient’s own words where and how the accident or cause of disability occurred: ‘While unloading tanks, chain boomer hit me on right side of chest as I was unfastening the chain.’ ” A report submitted by Dr. Martin Flohr to the commission in connection with the petition filed March 11th, stated in response to the same question: “A boomer broke loose and hit me on breast bone.” A witness who was present at the time of the accident stated that McBride grabbed his left chest after being struck. There is other disputed evidence as to whether there was any treatment to the left chest when McBride was taken to the hospital. Dr. Kent, who was in charge of the patient, stated that he ordered no pad or compress placed on the left side. The hospital record also showed no such treatment. Contrasted to this is the statements of the petitioner and her sister-in-law that they saw such a thing on his left side.

As will be brought out later, this is not of too much importance, since the medical review board at a subsequent hearing stated it would not have affected their decision had the blow been received on the left side.

To continue with a portion of the review board’s report:

“The relationship of direct trauma to the chest to succeeding heart disease is one that has been relatively recently well established, both by experimental and by clinical studies. It is the opinion of most men who are expert in this field, that a blow which is sufficient to give heart disease to the extent of causing death, will do so in a relatively short period of time, and that if the patient has an otherwise normal heart and survives for a short period of time (usually days) after the blow, that the heart will then return to entirely normal function. In this case, we have an interval of almost four months between the' time of the blow and the death of the patient. It is the opinion of the undersigned that so long an interval makes it more improbable that there is any positive relationship between the trauma and the eventual death of the patient.

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Bluebook (online)
240 P.2d 865, 73 Ariz. 293, 1952 Ariz. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcbride-v-industrial-commission-ariz-1952.