Ratigan's (Dependents') Case

157 N.E.2d 215, 338 Mass. 712, 1959 Mass. LEXIS 704
CourtMassachusetts Supreme Judicial Court
DecidedMarch 18, 1959
StatusPublished
Cited by3 cases

This text of 157 N.E.2d 215 (Ratigan's (Dependents') Case) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ratigan's (Dependents') Case, 157 N.E.2d 215, 338 Mass. 712, 1959 Mass. LEXIS 704 (Mass. 1959).

Opinion

Counihan, J.

This is an appeal by the widow of a deceased employee of the Eastern Gas and Fuel Company from a decree of the Superior Court dismissing her claim for dependency compensation on account of the death of the *713 employee. G. L. c. 152, as amended. The single member found that “the employee suffered two angina attacks in the forenoon |]°f April 2, 1954]; that these attacks were causally related to the work he was doing at the time the attacks occurred. I find, however, in the absence of any evidence of symptoms relating to a heart condition between the time he left work and the time he died that evening, that the employee’s death was not causally related to his illness of earlier in the day, or to his employment at the Eastern Gas and Fuel Company. The widow’s claim for compensation is therefore dismissed.”

A reviewing board of five members unanimously affirmed and adopted the findings and decision of the single member after reversing the action of the single member in excluding two questions in cross-examination put to Dr. Norman Welch, a medical expert called by the insurer. The doctor was asked, “Assuming that evidence is introduced that the man did have further sufferings as the day went on, from 10:30 in the morning to the time of his death, complained that he still had pain and restriction about the neck, etc., would that change your opinion?” He answered, “Yes, it would.” The other question was, “Is it fair to say that, if there is competent evidence introduced in this case would you then be willing to agree there was probable connection between the original attack and the death?” The record does not show that this question was answered, but subsequently the doctor stated, “If you mean to imply that this man had symptoms, continuing pain from the time of the onset of the attack, that certainly would alter my opinion.” The following facts do not appear to be disputed: The deceased was thirty-eight years old. He had been employed in the Everett plant of his employer for at least nine years. He lived in Walpole and his wife and three minor children were dependent upon him for their support. His work duties varied. Among other things he did clerical work, recorded temperatures, checked gouges and cleaned out “pipe throats.” On April 2, 1954, he arrived at work at about 8 a.m. and shortly after 9 a.m. he began work as a leader of a *714 three man crew to clean out the “pipe throats.” This work was done in a so called alley where there were about sixty-eight valves on doors behind which the “pipe throats” were located. Their function is to pass gas to the flues and there is an orifice or restriction in a “throat” that has to be blown out, to keep it uniform in diameter. This is called a reverse process. The “pipe throat” is reached by a door four to six inches off the floor and the orifice is in seven inches from the door. The door must be opened by turning a valve approximately fifty times and a run usually takes in seventeen doors. In order to open the door the lead man must bend down in a squatting position to turn the valves. The run takes about fifteen or twenty minutes. The first man opens the doors by turning down the valves. Oil is put in the valve stem to make it easy to close down. The second man by pressure inserts air into the throats to clean out the dust or residual. The third man closes the door and rolls up the valves. After the first run the employee had a pain and he was finding it difficult to breathe. He went to an open outside door and got some fresh air. He started on the second run and when it was almost completed he complained of a severe pain in his chest, a pain in his jaw, and shortness of breath. At about 10:30 a.m. it was suggested that he go to the first aid station and he never came back to join his fellow workers.

The following relates to the physical condition of the employee. The widow of the employee who is the claimant testified that he was “O.K.” before he left for work at 6:45 a.m. and that he died at 6:40 p.m. that night in his living room. Her husband had met her in Norwood at 5:45 p.m., put a few light bundles in his automobile, and drove her home. She was not asked and did not testify to anything unusual in the appearance, physical or otherwise, of the employee at that time.

There were four physicians who testified as to the condition of the employee after he quit work. Doctor Abraham Leavitt of Everett, a physician in general practice, was in charge of the first aid station at the Everett plant. He saw the employee in the first aid station about 11 a.m. He got *715 a history that while at work he suddenly felt weak, with a squeezing sensation in his chest, radiating down both arms. He had a suffocating feeling in his throat, which was intermittent. He examined the employee and X-rayed him. He found no evidence of a poor heart condition, except from the history which the employee gave him. He advised that the employee go to a hospital but he absolutely refused. The doctor would not permit the employee to drive his own automobile home but insisted that he go home in a company automobile. The doctor said that the employee looked pretty good to him and that he said he had no discomfort at that time. The doctor examined his heart with a stethoscope and discovered nothing.

Doctor Norman Welch, a recognized internist and heart specialist, was called by the insurer. He had never seen the employee but he was present at the hearing before the single member and heard of the kind of work the employee had been doing on the day of his death and of his attack during work. He also heard the testimony of Dr. Leavitt and Dr. Sagall. He gave it as his opinion that the employee had suffered an attack of angina which was brought about as the result of exertion when at work and which would disappear when exertion ceased or with the use of nitroglycerin. If angina progresses it can eventually produce a condition known as coronary thrombosis. In his opinion there was no relationship between the pain he suffered when at work and the coronary thrombosis from which he died. Doctor Welch did not think that the death of the employee from coronary thrombosis was accelerated, aggravated, or complicated by the activities in which he was engaged oh the morning of April 2, 1954. He may have had a severe case of angina. His opinion was that exertion or angina would not bring about coronary thrombosis unless there was continuous pain between the time he quit work and the time he died. There is a difference between a coronary attack and an angina attack. If the angina attack had progressed into a coronary thrombosis, the employee would have had a continuous pain all day after he quit work until *716 he died. According to the testimony of Dr. Leavitt no such condition existed.

Doctor Elliot Sagall, a recognized and qualified internist, testified that he had never examined the employee during his life. In answer to a hypothetical question which accurately described the work the employee was doing that morning and the happenings in connection with it, he stated that “the work that this man was doing in the first run . . .

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Bluebook (online)
157 N.E.2d 215, 338 Mass. 712, 1959 Mass. LEXIS 704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ratigans-dependents-case-mass-1959.