Schwartz v. City of Duluth

119 N.W.2d 822, 264 Minn. 514, 1963 Minn. LEXIS 620
CourtSupreme Court of Minnesota
DecidedFebruary 8, 1963
Docket38,699
StatusPublished
Cited by5 cases

This text of 119 N.W.2d 822 (Schwartz v. City of Duluth) 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
Schwartz v. City of Duluth, 119 N.W.2d 822, 264 Minn. 514, 1963 Minn. LEXIS 620 (Mich. 1963).

Opinion

Murphy, Justice.

Certiorari to review a decision of the Industrial Commission awarding compensation to dependent of a deceased employee.

From the record it appears that George Schwartz, deceased em *515 ployee, became a member of the Duluth Fire Department in 1942 when he was 32 years of age. He was initially classified as a fire fighter but was later promoted to the position of fire fighter chauffeur. In the performance of his duties he was required to maintain and operate a 1,000-gallon water pumper and to know the location of hydrants. In responding to an alarm, his duties as chauffeur required him to stop at the hydrant, let the other firemen off, and then continue to the fire, laying the hose from the hydrant to the scene of the fire. On some occasions he would be required to lay additional lines of hose and check the pressure and the operation of the equipment. The pumper had 1,500 feet of 2%-inch hose plus an additional footage of ll^-inch hose. In his work he was exposed to the usual hazards of smoke and heat and subject to the usual emotional strains and stresses experienced by firemen. When not actually fighting fires, his occupation was more or less sedentary, although there was some physical exertion connected with training programs. His work schedule was on the basis of three 24-hour shifts each week with one shift off every week. While on duty it was the custom for the firemen to retire at 9 p. m. or later to dormitories at the fire station. In each dormitory there was an alarm bell which would sound whenever a fire was reported. When the bell would ring at night, the firemen were required to arise, get into working gear, slide down a pole which gives quick access to the main floor, and take assigned positions on the various fire trucks. When the fire was in a different district, they would be taken off alert and permitted to return to their beds. The record indicates that the fire alarm in Duluth rings about 1,200 to 1,600 times a year and averages about 3 or 4 times each day, evenly distributed throughout the day and night hours. In addition to his work as a fireman, the decedent held a part-time job as a salesman and repairman in a local marine supply establishment.

The decedent worked on October 25, 1957, after which he had 2 days off and then began his annual vacation. On November 1 he and a friend, who also worked for the fire department, left Duluth for a duck and pheasant hunting trip. While they were hunting on November 3 they separated. The decedent stayed in a duck blind *516 while his friend hunted some distance away. After an interval of about 1 hour, his friend heard no reports of shooting from the position where the decedent was stationed, so he returned to the blind and found that the decedent had died.

All of the medical evidence, which includes an autopsy report, clearly establishes that the decedent at the time of his death suffered from an extreme coronary sclerosis. 1 Medical reports of the decedent’s physical examination, which was a prerequisite to his being hired, indicated that he was “strong and robust” and that his heart was sound and he was “in good health and of sound physical constitution.” A later health examination for the fire department in 1953 indicated that the decedent’s heart was normal.

It is the contention of the relators that the death was caused by exertion due to the hunting trip and unrelated to his employment. After hearing the evidence, including medical testimony, the referee agreed. On appeal the commission took a contrary view and determined that the fatal attack resulted from an occupational disease within the purview of Minn. St. 176.011, subd. 15. 2

1. In the course of the hearing before the referee there was a great deal of medical testimony bearing on the issue of whether cor *517 onary sclerosis could in fact be an occupational disease. The expert who testified in behalf of the city stated that coronary sclerosis develops in people of all walks of life regardless of occupation and that it cannot be said that the particular hazards or conditions involved in the work of a fireman would give rise to that disability. There was medical testimony in behalf of the decedent, however, that while there is uncertainty as to all of the factors which cause this condition it is known that it develops slowly over a long period of time. There are elements of emotional and physical stress in the work of a fireman which are conducive to the development of the condition. The decedent’s medical experts were of the opinion that the extreme and hurried efforts involved in answering fire alarms, the climbing of ladders, the inhalation of fumes and smoke, the ever-present risks and uncertainties, and the lack of uninterrupted rest are all conditions conducive to development of the disease.

The issues thus raised by the relators have been previously discussed in decisions of this court and require no further elaboration. The subject of heart conditions as an occupational disease of firemen is discussed in Ogren v. City of Duluth, 219 Minn. 555, 18 N. W. (2d) 535; Kellerman v. City of St. Paul, 211 Minn. 351, 1 N. W. (2d) 378; and Anderson v. City of Minneapolis, 258 Minn. 221, 103 N. W. (2d) 397. The legislature by enactment of § 176.011, subd. 15, has recognized that coronary sclerosis may be an occupational disease. The statute says that “ ‘Occupational disease’ means a disease arising out of and in the course of employment peculiar to the occupation in which the employee is engaged and due to causes in excess of the hazards ordinary of employment” except “[o]rdinary diseases of life to which the general public is equally exposed outside of employment * * *, except where such diseases follow as an incident of an occupational disease, or where the exposure peculiar to the occupation makes such disease an occupational disease hazard.” The statute further goes on to provide that a disease arises out of employment only “if there be a direct causal' connection between the conditions under which the work is performed and if the occupational disease follows as a natural incident of the work as a result of the ex-

*518 posure occasioned by the nature of the employment.” It is our view that Anderson v. City of Minneapolis, supra, is in point and controlling, along with the Kellerman case. In the Anderson case the employee was a fireman for the city of Minneapolis for a period of more than 20 years except for a 2-year stint in military service. Like the decedent in the case before us, Anderson held a part-time job and worked 24-hour alternate shifts. The Anderson case differs in that there the employee discovered his condition 3 years before his disablement and at the time of hearing was still alive. In the Kellerman case the fireman died of coronary sclerosis during an attack suffered while engaged in the performance of his duties. In the Anderson case we said (258 Minn. 227, 103 N. W. [2d] 401):

“The only other question of any consequence is whether the commission’s finding of causal relationship between the disease and the employment is sustained by the evidence. Here, as in Kellerman v. City of St. Paul, 211 Minn. 351, 1 N. W.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

City of Tuscaloosa v. Howard
318 So. 2d 729 (Court of Civil Appeals of Alabama, 1975)
Rosso v. City of Minneapolis
204 N.W.2d 214 (Supreme Court of Minnesota, 1973)
Jensen v. City of Duluth
130 N.W.2d 515 (Supreme Court of Minnesota, 1964)

Cite This Page — Counsel Stack

Bluebook (online)
119 N.W.2d 822, 264 Minn. 514, 1963 Minn. LEXIS 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-city-of-duluth-minn-1963.