Ross v. State Industrial Court of Oklahoma

1964 OK 161, 394 P.2d 501, 1964 Okla. LEXIS 394
CourtSupreme Court of Oklahoma
DecidedJuly 7, 1964
DocketNo. 40561
StatusPublished
Cited by8 cases

This text of 1964 OK 161 (Ross v. State Industrial Court of Oklahoma) 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
Ross v. State Industrial Court of Oklahoma, 1964 OK 161, 394 P.2d 501, 1964 Okla. LEXIS 394 (Okla. 1964).

Opinion

WILLIAMS, Justice.

This is an original proceeding brought by Aulton B. Ross, claimant, to vacate an order of the State Industrial Court denying claimant’s application to reopen a proceeding on the ground of a change of condition for the worse. The application was denied by the Industrial Court on the theory that its previous holding, that a heart condition from which claimant was suffering was not “connected with” the accidental injury sustained by him while employed by respondent, Scott Chevrolet Company, on May 1, 1958, had become final.

Claimant’s first notice of injury and claim for compensation was filed on May 20, 1958. The nature and extent of the injury recited was “ruptured spleen”. On October 13, 1958, claimant filed an amended claim alleging “loss of spleen” and “injury to back and spine”. A second amended claim was filed by the claimant on May 1, 1959. Therein he alleged “ruptured spleen, injured spine and back and caused or aggravated heart trouble which had become pronounced (no previously known heart trouble)”. Respondent and its insurance carrier in their answer admitted “that on May 1, 1958, the claimant received accidental injury” but denied that he had sustained permanent partial disability. At the hearing before the trial judge on May 1, 1959, the attorney for the respondents specifically denied that “claimant sustained any injury to his heart or back”.

At such May, 1959, hearing claimant testified that he was not able to work; that he had been to Drs. H. and T. concerning his heart. Claimant introduced a report from Dr. T. stating that he was totally disabled and unable to work. He also introduced a report fom Dr. W. which stated that he was “temporarily totally disabled and in need of further medical care and treatment” as “the results of the injuries he received on May 1, 1958”. Respondents [503]*503did not introduce any evidence. Following this hearing the trial judge took no action.

On November 12, 1959, another hearing was held in said cause. Claimant’s testimony was substantially similar to that of the previous hearing. Dr. W., witness for claimant, testified that there was a relationship between claimant’s heart condition and the injury to the spleen; that the injury to the spleen and subsequent operation aggravated any “little heart trouble” claimant may have had prior thereto; that claimant was permanently and totally disabled; that half of such disability was due to the heart condition and half the result of disability to the back and the removal of the spleen.

Claimant introduced the report of Dr. G. who stated that during claimant’s con-valesence from surgery “he developed evidence of angina pectoris from which he has not recovered and which is now disabling him” and “I wonder if one can completely divorce the heart attack from the injury in view of the seriousness of the injury, the seriousness of the surgery, both of which undoubtedly had a weakening influence upon him and may, in fact, have made him easier to develop some disorder than if these injuries had not occurred”.

Claimant also introduced several medical reports of Dr. B. who estimated his permanent partial disability to the body as a whole at 20% to 25% as a result of the injuries to the back and the residuals of the splenectomy. Such doctor further stated “as far as his cardiovascular deficiencies, I am still of the opinion that they were pre-existing in nature and are not related to the injury. I feel definitely that he needs additional medical treatment for this phase of his condition * * * ”

Respondents introduced the medical report of Dr. H. dated December 19, 1958, wherein the doctor stated “I fail to find any definite evidence of cardio vascular disease at this time”. Also, Dr. H.’s medical report of November 6, 1959, to the same effect, was introduced by respondents.

In his order filed December 9, 1959, the trial judge awarded claimant 25% permanent partial disability to his body for injuries to his spleen and back. In such order the trial judge further found “That claimant’s heart condition is not connected with his accident, therefore he needs no further medical treatment arising out of his accident of May 1, 1958”. No appeal from such order was lodged.

On June 6, 1961, claimant filed with the State Industrial Court “Employee’s first notice of injury and claim for compensation”. The claim was filed by an attorney other than the one who had previously represented him. Claimant alleged injuries to his spleen, back, neck, head and eyes and “other injuries”. A motion for hearing was filed the next day but no further action was taken pursuant thereto. This same attorney on October 9, 1961, filed for claimant an “Amended form 3” as of October 7, 1961. In setting forth his injuries no mention was made of the heart condition. No action with reference to these claims appears ever to have been taken.

On June 19, 1962, claimant filed “Motion to Reopen”. He alleged that since the order of December 9, 1959, “the nature and character of his condition has materially changed for the worse, in that he is now permanently and totally disabled on account of said injury, as shown by the attached medical report of Dr.” W. Such motion was filed by the attorneys now representing the claimant.

In the report of Dr. W. of April 20, 1961, to which reference was made in such motion to reopen, the doctor stated “In my opinion, the heart condition has definitely developed because of the injuries he [claimant] received on May 1, 1958” and claimant “is totally and permanently disabled as a result of the injuries he received May 1, 1958”.

On August 1, 1962, a hearing was held on claimant’s motion to reopen. Claimant testified as follows:

“Q: Now at the time this order was written in ’59 or ’60, you were bothered with heart trouble; is that correct?
[504]*504“A: Well, that still bothers me whenever I move right quick or whenever I slip or jump.
“Q: You said your back has started bothering you within the last year or so.
“A: It has hurt all the time, but it has got worse. I can’t be up no time at all until it goes to hurting me worse.
“Q: Now back at the time this order was written, it was your heart condition that was keeping you from working?
“A: No, sir, it was my back still hurting just like it was. The heart hurt all right whenever I would slip or jump or strain, what I mean slip or jar around. That’s when it would grab me and hurt and set me down and it still does the same thing, but that hurting through my back is what bothers me more than anything all the time and my neck.”

In addition to introducing the report of Dr. W. of April 20, 1961, to which reference was made hereinabove, claimant introduced the report of Dr. M. dated May 2, 1962. In his report that doctor stated:

"This patient has a rather complex problem, he had a serious abdominal injury followed by removal of his spleen and subsequently a cardiac problem. Now he has cardiac insufficiency and in my opinion this man is permanently totally disabled as a result of the accident and subsequent complications directly rising out of his injuries of May 1, 1958.”

At the conclusion of the hearing the trial judge entered an order denying claimant’s motion to reopen. In such order the trial judge found that:

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Bluebook (online)
1964 OK 161, 394 P.2d 501, 1964 Okla. LEXIS 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-state-industrial-court-of-oklahoma-okla-1964.