Schoch v. Minnesota Mining & Manufacturing Co.

76 N.W.2d 801, 247 Minn. 288, 1956 Minn. LEXIS 575
CourtSupreme Court of Minnesota
DecidedMay 11, 1956
Docket36,704
StatusPublished
Cited by2 cases

This text of 76 N.W.2d 801 (Schoch v. Minnesota Mining & Manufacturing Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schoch v. Minnesota Mining & Manufacturing Co., 76 N.W.2d 801, 247 Minn. 288, 1956 Minn. LEXIS 575 (Mich. 1956).

Opinion

Murphy, Justice.

Certiorari to review an order of the Industrial Commission denying a petition to take additional evidence and affirming the determination of the referee denying compensation and medical benefits to employee for a heart and hernia condition allegedly resulting from an accident occurring on November 16, 1944.

*289 Edwin J. Schoch, now 56 years of age, first began employment at the Minnesota Mining & Manufacturing Company on January 18, 19áá. He initially began work as a rubber mixer or rack man. On November 16, 1944, Schoch was engaged at a machine which processed sandpaper. As the material came out of an oven it was run over rollers and wound onto drums. Attached to the machine was a tally bar composed of cold roll steel which was approximately five feet long and one inch in diameter. This tally bar served as an axle for the tally which consisted of a wheel 4y2 inches in diameter connected to a motor device which measured the amount of paper that went by on the roller. While adjusting the drums Schoch was struck in the lower left side of the chest and left side of the abdomen by the tally bar. One end of the bar became enmeshed in a drive belt, and, with the other end against his sternum, he was pinned against a pillar. He was carried off his feet momentarily and then lowered as the machine stopped.

Shortly after the accident Schoch reported to the company nurse who sent him by taxi to the office of Dr. Victor Hauser. Dr. Hauser in examining employee noted tenderness over the lower end of the sternum or breastbone and just below the sternum. Several days later on November 20, 1944, employee saw Dr. C. C. Bell who examined the injured area. The doctor found no black-and-blue marks or breaking of the skin. Further examinations were made on the 22nd, 25th, and 28th of November, 1944, and the 1st and 6th of December with no particular findings except for complaints of tenderness on November 28. Employee returned to work on the 4th of December, 1944, and the doctor on December 6 concluded that Schoch would require no further treatment for the injury. Employee received compensation in the sum of $26.67 covering a disability of 2% weeks, and received $29 in benefits for medical care.

After returning to his employment on December 4,1944, employee continued to work on the winder. On May 12, 1947, he became a general helper or rubber mixer’s assistant. The work on this job, among other things, consisted of lifting 4%-gallon pails of rubber *290 mix into a tank 18 inches off the flo'or and on occasions involved considerable hours of overtime.

The first time that Schoch made any complaint that might indicate a cardiac or heart difficulty was to Dr. Bell on April 8, 1947, some 2 years and 5 months after the accident occurred. The first record of a heart condition, as reflected by his health history at Minnesota Mining, appears during the period December 29, 1949, to January 5, 1950. This record, which appears more than 5 years after the accident, indicates that he had taken a week off because of “pain in chest.”

On July 21, 1950, employee first visited Dr. F. A. Thompson who, after several consultations, determined that Schoch suffered from a diastasis recti 1 or abdominal hernia and paraxysmal auricular fibrillation which is an irregular beating of the auricles of the heart. Schoch, because of his physical condition, ceased to work at Minnesota Mining on November 1, 1952. In November 1952, Dr. Thompson collaborated with Dr. Charles Rea in an operation upon Schoch for the diastasis recti and, although a period of comfort followed that operation, a recurrence of the difficulty required a second operation which proved unsuccessful. Dr. Ben Sommers who treated Schoch for his heart condition was first consulted on January 6, 1953.

Employee claims that his diastasis recti and auricular fibrillation conditions are a result of the accident of November 16, 1944, and that as a result he is presently permanently and totally disabled. The referee found that there was no causal connection between these conditions and the accident, and the Industrial Commission affirmed.

The determinative issue therefore is whether there is evidence of a sufficient causal relation between the employee’s present heart and hernia conditions and the accident of November 16, 1944. Dr. Thompson, who testified in behalf of the employee, expressed the opinion that there “is some association” between the employee’s *291 physical condition and the accident. While Dr. Sommers supported this opinion he testified on cross-examination that he would expect a person who suffered from auricular fibrillation to seek medical attention at its inception — the condition can occur in normal people and in any organic disorder of the heart causing enlargement “such as rheumatic heart disease or hypertensive heart disease” — and that he would not expect a person who suffered from it as a result of trauma to go several years without seeking medical care.

“Q. If, in fact, he first sought medical care and attention for his chest longer than a year after the accident occurred, Doctor, then your opinion would be that there probably was no connection between the injury and the fibrillation ?

“A. If that is a fact, yes, sir.”

Dr. Rea, who also testified for the employee, gave as his opinion that the injury described could have produced the hernia or diastasis recti from which the employee suffered.

Contrasted with this testimony for the employee was the comparatively positive testimony of Dr. C. C. Bell and Dr. Charles N. Hensel that the requisite causal relation did not exist. Dr. Bell made a point of the fact that there was no evidence of a direct trauma to the heart and that, owing to the nature of auricular fibrillation, indication of heart trouble would have been expected much before the first complaint on April 8, 1947, some 2 years and 5 months after the accident. Dr. Hensel, on behalf of the employer, corroborated this opinion by testifying as follows:

“A. Well, my feeling is this, my belief is this, that if his heart had been damaged at the time of the accident, he should have showed heart symptoms immediately.

“Q. What are those heart symptoms he should show?

“A. The symptoms would be pain over his heart and disturbances of rhythm.

“Q. Should he be aware of his chest distress as of that time?

“A. If the heart was injured at the time he received the blow in the belly, he should have heart symptoms and heart distress. He was complaining of distress of the abdomen, but not the heart.

*292 “Q. Would you expect such a man who received such an injury to go back and do full time work at the end of three weeks’ time?

“A. No.

“Q. Would you expect a man who received an injury to — who received an injury sufficient to cause that kind of damage, to seek medical care and attention for the condition ?

“A. Yes, I would. I might add that I would also expect findings.

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Bluebook (online)
76 N.W.2d 801, 247 Minn. 288, 1956 Minn. LEXIS 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schoch-v-minnesota-mining-manufacturing-co-minn-1956.