Rhoades Oil Company v. Plumb

1967 OK 155, 429 P.2d 965
CourtSupreme Court of Oklahoma
DecidedJuly 10, 1967
DocketNo. 42122
StatusPublished
Cited by1 cases

This text of 1967 OK 155 (Rhoades Oil Company v. Plumb) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rhoades Oil Company v. Plumb, 1967 OK 155, 429 P.2d 965 (Okla. 1967).

Opinion

BLACKBIRD, Justice.

By the order of the State Industrial Court herein reviewed, the respondent, William Neal Plumb, hereinafter referred to as “claimant” was awarded the compensation prescribed by the Workmen’s Compensation Law for a permanent disability, found to be due to an accidental injury to his heart.

In the claim instituting the proceedings in that court, it was represented that claimant’s heart condition was due to “strain and exertion while cranking light plant unit on lease.”

In support of his claim, the claimant testified in that court that on March 3, 1966, he was working as a roustabout for the respondent, Rhoades Oil Company, hereinafter referred to as “petitioner”, on a certain oil lease; that a part of his dutiesj before leaving the job each day during the winter time, was to start an engine that powered a light plant there, so that' it would “be running for the night man wheri he comes on”; that he was “at the light plant about 4:30 in the evening”; that he “didn’t get it started” on natural gas, the “way we usually did it”, so he then primed the engine with gasoline and commenced cranking it manually; that while doing this cranking “sharp pains” hit him in the chest, and he was “just about knocked out”; that he “went down and * * * just laid there a while”; that he “laid there * * * and stayed close for nearly an hour”; that he then “got over to * * * (his) pickup and finally got up in it * * * ”, and drove said truck towards his home; that when he arrived there, he started getting out of the truck, when his wife drove up in their drive[966]*966way and “could see something was wrong”; that she assisted him into the house; that he started vomiting and he told her he had to get some help; that they didn’t have a telephone, but, about that time, their landlord drove up and assisted his wife in getting him into the car in which he was taken to Holdenville’s Physicians and Surgeons Hospital, where he saw a Dr. C; that this doctor examined him and tried to get him to stay in the hospital that night, but he insisted on going back home; that he got to “cutting off” again, and returned to the hospital the next morning and remained there until March 22nd, and is still under Dr. C’s care; that he has been taking medicine prescribed by this doctor; that he still sees him “about every two weeks”; that the doctor “checks my blood and about every other time he runs a cardiogram”; that he has not worked since the attack; that his attorney had him examined by Dr. P and Dr. B, and his employer had him examined by Dr. Me — all of Oklahoma City.

The reports of the first two, of these three, doctors were introduced as claimant’s Exhibits numbered “1” and “2”, and the report of the last one was introduced as “Respondent’s Exhibit No. 1”; but no testimony, nor report, from Dr. C was introduced. According to the exhibits, Dr. P’s examination was made on April 25th, Dr. B’s was made on June 10th, and Dr. Mc’s was made June 14th — all in 1966.

The first part of the separate reports of both Dr. P and Dr. B appears to relate to what claimant told them of circumstances surrounding his attack, of his medical history, and of his treatment by Holdenville’s Dr. C, from that time until he reported to them for examination. Both Dr. P and Dr. B expressed their opinions in their reports that claimant suffered a permanent injury to his heart, which they diagnosed as “an acute myocardial infarction”, rendering him permanently and totally disabled for the performance of ordinary manual labor.

Among other things unnecessary to mention, Dr. P’s report stated: “In this case, the important, immediate precipitating and causative factor was extensive exertion and extensive demand on the heart muscle by the work he was doing (cranking the plant motor).” That Dr. P’s diagnosis was based, at least partially, on the claimant’s medical attention in Holdenville, is inferred by his-report’s first mention of “acute myocardial infarction” being followed by “as evidenced by his findings on admission to the hospital, particularly his ECG findings and findings on the enzyme studies.” This is made clear by the following portion of the report:

“My opinion is based upon the following:

“1. Plistory obtained from the patient.
“2. Physical findings, X-rays and laboratory findings.
“3. Review of hospital records from the Holdenville Hospital.
“4. A consideration of known and accepted medical facts concerning the etiology and pathogenesis of myocardial infarction as applicable to the case under consideration.”

Dr. B’s report on his examination reads, in pertinent part:

“ * * * Electrocardiogram was done which shows the effect of a posterior myocardial infarction and frequent ventricular premature beats.”

Pertinent parts of Dr. Mc’s report are as follows:

“Physical examination revealed a well developed, well nourished white male in no acute distress. He has a blood pressure of 140/88, pulse was 86 with normal venus rhythm, but frequent ventricular premature contractions. * * *; examination of the heart showed no cardiac enlargement, no PMI is present. Left border of cardiac dullness is 4 cm lateral to midsternal line in the fifth intercostal space.
⅝ ⅜ ⅜ ⅜ ⅜ ⅜
“An electrocardiogram shows a T wave that is low in lead 2, inverted in lead 3, and inverted in AVF. There are frequent ventricular premature contractions. No definite infarction is noted but the [967]*967inversion of 3 and AVF waves is suggestive of posterier mycardial infarction.
“My impression is that Mr. Plumb has chronic anxiety reaction, gas on bowel with pain due to this. His electrocardiogram is not diagnostic, but is suggestive of a healed myocardial infarction. Fluoroscopically there is no cardiac en-largment. From the examination and from the electrocardiogram there is no evidence of myocarial infarction. I would insist on the electrocardiograms made during the time the patient was in the hospital as well as enzymes such as SGOT to confirm this diagnosis.
“It is my opinion that the patient is now healed and that he should gradually increase his activities and return to work. It is also my opinion that since the patient was doing his normal daily chores for the Rhoades Oil Company that there is no evidence that this attach was related in any way to his work. He would be approximately 15% disabled to the total body if the myocardial infarction is confirmed on further studies.” (Emphasis added).

On the basis .of the above evidence supplemented, in no significant degree, by the testimony of other lay witnesses, the Industrial Court specifically found, in its order granting claimant the award, that his heart injury arose “out of and in the course of his hazardous employment * * *

In urging vacation of the award, petitioners emphasize the absence of any evidence in the record from claimant’s attending physician, Dr. C, who, as hereinbefore shown, is still treating him. It seems to be their position that without such evidence, the reports of Drs. P and B were incompetent as medical evidence, being based, at least with reference to the cause of claimant’s myocardial infarction, upon hearsay related to those Doctors by the claimant himself.

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1967 OK 155, 429 P.2d 965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhoades-oil-company-v-plumb-okla-1967.