Snyder v. San Francisco Feed & Grain

748 P.2d 924, 230 Mont. 16, 44 State Rptr. 2216, 1987 Mont. LEXIS 1100
CourtMontana Supreme Court
DecidedDecember 31, 1987
Docket87-263
StatusPublished
Cited by21 cases

This text of 748 P.2d 924 (Snyder v. San Francisco Feed & Grain) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Snyder v. San Francisco Feed & Grain, 748 P.2d 924, 230 Mont. 16, 44 State Rptr. 2216, 1987 Mont. LEXIS 1100 (Mo. 1987).

Opinion

MR. JUSTICE SHEEHY

delivered the Opinion of the Court.

Rita Mae Snyder appeals the judgment of the Workers’ Compensation Court finding that her evidence did not establish a compensable industrial accident. San Francisco cross-appeals on the issue of the propriety of certain hypothetical questions. We reverse.

The issues before the Court are:

1. Was there substantial credible evidence to support the Workers’ *18 Compensation Court’s judgment that Snyder did not suffer a compensable industrial accident?

(a) Does a stress related injury require a “psychological reconstruction?”

(b) Does a compensable injury require a showing of physical impact?

(c) Does a compensable injury have to arise from a single incident?

2. Is the testimony of a treating physician entitled to greater evidentiary weight?

3. Did Rita Mae’s counsel pose improper hypothetical questions?

Rita Mae was 47 years old at the time of her trial in August, 1986. She had been married to Vernon Snyder for 29 years and had six children. Her youngest remained in the family home. Rita Mae can no longer care for her husband or family, however.

On December 31, 1984, Rita Mae suffered a ruptured basilar tip aneurysm while performing her duties at San Francisco Feed & Grain (San Francisco) in Ronan, Montana. As a result of the ruptured aneurysm, Rita Mae suffered extensive brain damage; she is confined to a wheelchair; she has vision deficiencies; her memory has been affected; her reasoning process has been impacted; she engages in inappropriate behavior and laughs or cries for no reason; and she has had a guardian appointed. Her condition is permanent.

Prior to the date of injury, Rita Mae’s family did not have a history of aneurysms. She did not consume alcohol nor was she overweight. She had no history of high blood pressure. She alleges that her aneurysm ruptured as a result of job stress.

Rita Mae began her duties as a bookkeeper with San Francisco in May, 1982. Her duties included helping customers, recording the weight of trucks, answering the phone, balancing the cash register, doing daily sheets, posting receivables, helping with the statements, posting inventory, totaling inventory books, helping total the cost of sales, and occasionally helping proof the computer printouts. She shared these duties with her sister/co-employee, Helen Teigen.

Rita Mae was a conscientious, hard working employee. She was described as dedicated and concerned that her work was current and correct. She seemed happy with her work and never complained.

The situation at San Francisco changed dramatically in June, 1984, however. At that time, a new general manager assumed control of the San Francisco operation in Ronan.

San Francisco employees described the new manager’s style as chaotic and antagonistic. The work place became disorganized. Manage *19 ment-employee relations deteriorated. A change in the procedure for dealing with customers resulted in slower service and unhappy customers. On one occasion, Rita Mae had to call the police to prevent violence between the manager and a disgruntled customer who had been forced to wait several hours.

Rita Mae’s work situation continued to deteriorate. The lack of organization and communication caused the work place to become more frantic. The changed procedures resulted in angry customers and employees. Although Rita Mae was the type of person who was bothered by bickering, she often had to deal with the unhappy customers and smooth employee dissatisfaction.

The seasonal increase in feed purchases during the winter months and a fire at San Francisco’s main competitor further exacerbated the situation. During November and December, 1984, Rita Mae began working through her lunch hour and staying after hours in an attempt to stay current with her work. Although the overtime was not paid, she began to fear she would lose her job, the family’s sole source of income.

Rita Mae’s job situation began to take a toll. She lost her cheerfulness about her job. Friends and family noticed she looked more and more wrung-out. She seemed to be under a lot of pressure from work and always appeared nervous.

The day of her injury was unusual. Since December 31, 1984 was a Monday sandwiched between two days on which the business was to be closed, business was expected to be brisk. Nevertheless, the work force was only 7, rather than the usual 10 employees. In addition, Rita Mae had end-of-the-month bookkeeping to complete.

When she arrived at work that day, Rita Mae appeared fine. She soon looked fatigued, however. She had noted that an upsetting customer was scheduled for servicing that day. She also was having difficulty deciphering one of the manager’s incomplete invoices. The unfinished invoice appeared to upset her. Shortly thereafter, Rita Mae was found slumped over her desk and was later diagnosed as having a ruptured aneurysm.

The medical evidence received at trial consisted of the deposition testimony of 3 neurological specialists. The doctors were instructed to base all opinions on the medical standard of more likely than not. Generally, they are in agreement concerning Rita Mae’s injury.

It is agreed that an aneurysm is a weak spot in a blood vessel analogous to a weak spot in an inner tube which expands and develops a balloon-like appearance; that Rita Mae’s aneurysm developed some *20 time during her teenage years; that not all aneurysms rupture; that psychological stress elevates blood pressure; that increased blood pressure places increased pressure on the aneurysm, often resulting in rupture; and that intracranial aneurysms can rupture spontaneously without change in vascular pressure.

Dr. Richard Dewey is a neurological surgeon. Dr. Dewey examined Rita Mae upon her arrival in Missoula and confirmed that she had a ruptured aneurysm. Following a period of time necessary to stabilize Rita Mae’s condition, Dr. Dewey performed a craniotomy in order to prevent a second rupture.

Prior to his deposition, Dr. Dewey stated that in his opinion, “the claimant’s work was not in any way causally related to [the ruptured aneurysm].” Dr. Dewey’s opinion was offered in response to a written request by counsel for San Francisco.

At his deposition, however, Dr. Dewey indicated that new information had since come to his attention.

“Q. And do you still hold that opinion today?

“A. Based on the information that I had as of 16 July ‘86 regarding Mrs. Snyder’s work or what my impressions were of her job at that time, my opinion is still valid. It would be unfair for me — or not unfair, but inappropriate, I think to change that opinion. That is what I stated, and that’s what I believed at that time. And based on that same information, I would arrive at the same conclusion.

“Q. When you say ‘information’, is that information — A. Well-

“Q. — about Rita Mae Snyder’s work? A. I have been informed of some circumstances which, in fact, may have some causal relationship subsequent to my dictating that letter.”

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Bluebook (online)
748 P.2d 924, 230 Mont. 16, 44 State Rptr. 2216, 1987 Mont. LEXIS 1100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snyder-v-san-francisco-feed-grain-mont-1987.