Mor, Inc. v. Haverlock

566 P.2d 219, 1977 Wyo. LEXIS 268
CourtWyoming Supreme Court
DecidedJune 30, 1977
Docket4790
StatusPublished
Cited by42 cases

This text of 566 P.2d 219 (Mor, Inc. v. Haverlock) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mor, Inc. v. Haverlock, 566 P.2d 219, 1977 Wyo. LEXIS 268 (Wyo. 1977).

Opinion

ROSE, Justice.

This is an appeal in a worker’s compensation case, wherein the appellee, Nicholas Haverlock, Jr., was disabled after suffering a coronary condition or myocardial infarction while in the employ of the appellant, Mor, Inc. The district court awarded compensation on favorable findings, pursuant to § 27-361(b), W.S.1957, C.1967, 1975 Cum. Supp. The appellant-employer contends that the findings of the trial court are not supported by a preponderance of the evidence. We will affirm the order of the trial court.

Appellee was a forty-nine-year-old man who had been employed by the appellant as a hod carrier for approximately eleven years. On May 25, 1976, appellee began work on a project which involved the construction of a furnace for Great Lakes Carbon Company, east of Casper, Wyoming. The furnace consisted of six levels or hearths, with the first level being some fifteen feet above the ground and the top level being some twenty-five feet above the ground. The appellee’s duties consisted of mixing various grades of cement and carrying it or hoisting it to the masons. Prior to June 21, 1976, appellee mixed almost all of the cement for the project, but had at least four employees of the Great Lakes Carbon Company assigned to him to help carry the cement to the masons. The Great Lakes’ employees also had a truck hoist which was used to lift firebrick and cement to the various levels of the furnace. During the project, between fifty and sixty buckets of cement were hoisted or hand-carried to the masons each day.

On the morning of June 21, 1976, Haver-lock was in apparent good health prior to his arrival at 7 a. m. at work. This day was to be the last day on the project and his helpers were, therefore, not on the job. Because of this, the appellee was called upon to mix all the cement and carry it by himself up to the various levels. He had no helpers, as was normally the case, and the hoist was not used. Mr. Haverlock testified that he was not accustomed to doing this much lifting and carrying of the cement buckets. During the day, which ended about 4 p. m., appellee made eight or nine *221 trips to each of the various levels of the furnace carrying each time two fifty-pound buckets of cement. By the time for coffee break, about 10 a. m., appellee began to feel nauseous and experienced pain which radiated from his stomach to his neck and arms. He became sweaty and experienced chills. Appellee complained that he felt like a “Mack truck had run over me,” but apparently continued working until the job was finished. After arriving home, appellee experienced further discomfort, and the next morning consulted his family physician, Dr. Krause, who told him that he had experienced a heart attack the previous day. Ap-pellee subsequently was hospitalized and eventually underwent by-pass heart surgery.

At trial, Dr. Krause testified that, based upon the history related by appellee, the stress of this job was the chief cause of appellee’s heart attack — although there could have been other contributing factors. On cross-examination, Dr. Krause again stated that job-related stress was the major factor in appellee’s heart attack. The doctor further testified that the onset of the myocardial infarction — an occlusion of the blood vessels of the muscles to one area of the heart — would have commenced almost simultaneously with the pain and the symptoms experienced by appellee on June 21, 1976, and would have continued thereafter.

After taking the case under advisement, the trial court made the following pertinent findings:

“1. That the above-named Employee-claimant suffered a coronary condition or • myocardial infarction while in the employ of the Employer herein on June 21, 1976.
“2. That said myocardial infarction was the direct causal result of work performed by Employee-claimant for the Employer on that date brought on by causative exertion occurring during the actual period of employment by stress clearly unusual to, or abnormal for, the individual employee in that particular employment, and that the acute symptoms of the cardiac condition were clearly manifested thirty (30) minutes after the causative exertion.”

On the basis of these findings, the court awarded judgment to appellee for all present and future medical costs, and decreed that appellee should receive temporary, total disability payments until released to return to work.

This is the first opportunity we have had to discuss the cardiac-condition provisions, originally enacted as part of the Occupational Disease Law, Session Laws of Wyoming, 1969, ch. 200, § 15 [repealed Session Laws of Wyoming, 1975, ch. 149, § 4] and now found in § 27-361(b), supra. This section now provides:

“(b) No benefits for employment related coronary conditions except those directly and solely caused by an injury are payable unless the employee establishes by competent medical authority that there is a direct causal connection between the condition under which the work was performed and the cardiac condition, and then only if the causative exertion occurs during the actual period of employment stress clearly unusual to, or abnormal for, the individual employee, in that particular employment, and further that the acute symptoms of the cardiac condition are clearly manifested not later than thirty (30) minutes after the alleged causative exertion.” [Emphasis supplied]

It is the appellant-employer’s contention that the work which Mr. Haverlock was performing on June 21, 1976, was not “unusual to, or abnormal for” Mr. Haverlock in his employment as a hod carrier for the appellant. This contention raises a question only as to the legal causation of the appel-lee’s cardiac condition — it does not challenge the lower court’s finding of medical causation, nor does it challenge the finding that acute symptoms appeared within thirty minutes of the exertion in question. 1

Wyoming has clearly adopted the unusual-exertion rule for coronary-condi *222 tion cases, even though the rule represents a minority position which has been severely criticized by some textwriters. See 1A Larson’s Workmen’s Compensation Law, §§ 38.20 and 38.61. Regardless of the wisdom of the rule, it must be applied to situations like that with which we are confronted here. We are also mindful that the worker’s compensation law should be liberally construed where reasonably possible so that industry and not the individual worker should bear the burden of injuries suffered under its coverage. Wyoming State Treasurer ex rel. Workmen’s Compensation Department v. Boston, Wyo., 445 P.2d 548, 551. We are, however, not free under the guise of liberal construction to extend the beneficial purposes of the compensation law to injuries that do not reasonably fall within the language employed by the legislature. In re Hardison, Wyo., 429 P.2d 320, 322; and In re Trent, 68 Wyo. 146, 231 P.2d 180, 188.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Loomer v. STATE EX REL. DIVISION
2004 WY 47 (Wyoming Supreme Court, 2004)
State ex rel. Wyoming Workers' Compensation Division v. Jacobs
924 P.2d 982 (Wyoming Supreme Court, 1996)
Worker's Compensation Claim of Jacobs
924 P.2d 982 (Wyoming Supreme Court, 1996)
Workers' Compensation Claim of Seckman v. Wyo-Ben, Inc.
783 P.2d 161 (Wyoming Supreme Court, 1989)
Matter of Desotell
767 P.2d 998 (Wyoming Supreme Court, 1989)
Matter of Injury to Van Buskirk
741 P.2d 120 (Wyoming Supreme Court, 1987)
Higgins v. State ex rel. Wyoming Worker's Compensation Division
739 P.2d 129 (Wyoming Supreme Court, 1987)
Higgins v. STATE EX REL. WKR'S COMP. DIV.
739 P.2d 129 (Wyoming Supreme Court, 1987)
Hampton v. All Field Service, Inc.
726 P.2d 98 (Wyoming Supreme Court, 1986)
Grindle v. State Ex Rel. Wyoming Worker's Compensation Division
722 P.2d 166 (Wyoming Supreme Court, 1986)
W.E. Bill Sauer's Drilling Co. v. Gendron
720 P.2d 909 (Wyoming Supreme Court, 1986)
Lerch v. State ex rel. Wyoming Worker's Compensation Division
714 P.2d 754 (Wyoming Supreme Court, 1986)
Abas v. State ex rel. Wyoming Worker's Compensation Division
701 P.2d 1153 (Wyoming Supreme Court, 1985)
Matter of Abas
701 P.2d 1153 (Wyoming Supreme Court, 1985)
Lebsack v. Town of Torrington
698 P.2d 1141 (Wyoming Supreme Court, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
566 P.2d 219, 1977 Wyo. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mor-inc-v-haverlock-wyo-1977.