Oswald v. Connor

476 N.E.2d 658, 16 Ohio St. 3d 38, 16 Ohio B. 520, 1985 Ohio LEXIS 529
CourtOhio Supreme Court
DecidedApril 17, 1985
DocketNo. 84-681
StatusPublished
Cited by51 cases

This text of 476 N.E.2d 658 (Oswald v. Connor) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oswald v. Connor, 476 N.E.2d 658, 16 Ohio St. 3d 38, 16 Ohio B. 520, 1985 Ohio LEXIS 529 (Ohio 1985).

Opinions

Douglas, J.

The single issue presented is whether there is sufficient evidence in the record to support the trial court’s determination that Vernon Oswald’s death from a myocardial infarction was accelerated by a substantial period of time as a direct and proximate result of the effect of his occupational disease, avian tuberculosis, on his pre-existing coronary artery disease. After a careful review of the record, this court finds that there is sufficient evidence in this record which would warrant a finding by the trier of fact that Oswald’s occupational disease was the proximate cause of the acceleration of his death. The judgment of the trial court must thus stand and, accordingly, the decision of the court of appeals is hereby reversed.

Appellant contends that she is entitled to participate in the Workers’ Compensation Fund based on the following chain of events. She initially claims that her decedent contracted an occupational disease, avian tuberculosis, arising out of and in the course of his employment at the zoo, and, prior to so contracting, he suffered from a coronary artery disease. The avian tuberculosis, she then asserts, directly resulted in serious, unusual stress which was the proximate cause of the acceleration of her decedent’s death from a heart attack.

Before this court considers the question of proximate causation, this court must determine, as a threshold issue, whether there is an entitlement to the payment of death benefits from the Workers’ Compensation Fund where death is accelerated by an occupational disease. Admittedly, no statute explicitly allows for such recovery. This court has, however, acknowledged the potential of a death claim predicated on death having been accelerated by an accidental injury where there was likewise no statute explicitly so allowing.

In Weaver v. Indus. Comm. (1932), 125 Ohio St. 465, this court first recognized entitlement to payment of death benefits from the Workers’ Compensation Fund where an injury is the proximate cause of the acceleration of death just as where the injury directly causes the death itself. This court, in Weaver at 466, initially set forth the relevant statutory provision,1 which did not expressly address this issue, and then it concluded as follows:

“Under * * * [G.C. 1465-82] the plaintiff in an appeal case from a denial of award by the Industrial Commission for death of a workman or employe [sic] has to establish that the injury was the proximate cause of the death, or was the proximate cause of the acceleration of death. [Citations omitted.]”

Thereafter, in McKee v. Electric Auto-Lite Co. (1958), 168 Ohio St. 77, [41]*4180 [5 O.O.2d 345], the court cited what was then R.C. 4123.592 and noted that there is no provision in this section allowing for the payment of death benefits as to an injury which merely accelerates a death from a preexisting cause. Relying on Weaver, supra, the court in McKee nonetheless held in the syllabus as follows:

“Under the Workmen’s Compensation Act, death from a pre-existing cause and accelerated by an accidental injury, in the course of and arising out of employment, is compensable, where the death is accelerated by a substantial period of time as a direct and proximate result of the accident.”

The court of appeals unanimously determined, and indeed the parties do not contest that, for the purposes of the rule of McKee, “occupational disease” may be freely substituted for the words “accidental injury.” This court can likewise perceive of no rational reason why the McKee rule regarding substantial acceleration should not also apply to those situations where death is accelerated by an occupational disease. In Ohio, both injuries and occupational diseases are compensable. Thus, the fact that this claim is grounded on the death having been accelerated, not by an accidental injury, but by an occupational disease, is a difference without a distinction. Accordingly, this court holds that under the Workers’ Compensation Act, death from a pre-existing cause and accelerated by an occupational disease contracted in the course of and arising out of the scope of employment, is compensable where the death is accelerated by a substantial period of time as a direct and proximate result of the occupational disease.

Having concluded that there is a potential for recovery, this court may now consider whether the trial court properly found that recovery was warranted herein. The requisite degree of proof that appellant must demonstrate in order to recover is well-established. In McKee, supra, at 82, this court stated that “[t]here must be a substantial causal relationship between the accident and the accelerated death, and such relationship can not be proved by mere magic words of direct causation without evidence to definitely support it.”

Previously, in Fox v. Indus. Comm. (1955), 162 Ohio St. 569 [55 O.O. 472], paragraph one of the syllabus, the court was somewhat more precise in discussing the requisite degree of proof in workers’ compensation claims:

“In order to establish a right to workmen’s compensation for harm or disability claimed to have resulted from an accidental injury, it is necessary for the claimant to show by a preponderance of the evidence, [42]*42medical or otherwise, not only that his injury arose out of and in the course of his employment but that a direct or proximate causal relationship existed between his injury and his harm or disability.”

In considering the issue of proximate cause in the workers’ compensation context, this court has held that the definition of and principles governing, the determination of “proximate cause” in the field of torts are applicable. Aiken v. Indus. Comm. (1944), 143 Ohio St. 113, 117 [28 O.O. 50]. Specifically, the court in Aiken first noted that the determination of the proximate cause of an ultimate result may be difficult. It then stated that “* * * the proximate cause of an event is that which in a natural and continuous sequence, unbroken by any new, independent cause, produces that event and without which that event would not have occurred.” Id. Similarly, in Indus. Comm. v. Palmer (1933), 126 Ohio St. 251, 257, the “but-for” test was used in determining proximate causation.

In applying these basic principles to the facts of the instant case, this court must remain mindful of its limited right of review herein. As was stated in Swanton v. Stringer (1975), 42 Ohio St. 2d 356, 359 [71 O.O.2d 325], a case in which entitlement to participate in the Workers’ Compensation Fund was also disputed:

“The trial in the Court of Common Pleas is a trial de novo. State, ex rel. Federated Department Stores, v. Brown (1956), 165 Ohio St. 521 [60 O.O. 486]. If the evidence before that court is sufficient to support the result reached this court will not substitute its judgment.”

It is within these guidelines that this court addresses the issue of whether there was sufficient evidence to support the trial court’s determination that appellant had proved, by a preponderance of the evidence, a chain of direct and proximate causes demonstrating that the pre-existing cause that would eventually result in death, and an occupational disease that combined with Oswald’s individual frailties, accelerated death by a substantial period of time.

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Cite This Page — Counsel Stack

Bluebook (online)
476 N.E.2d 658, 16 Ohio St. 3d 38, 16 Ohio B. 520, 1985 Ohio LEXIS 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oswald-v-connor-ohio-1985.