State Industrial Insurance System v. Weaver

734 P.2d 740, 103 Nev. 196, 1987 Nev. LEXIS 1609
CourtNevada Supreme Court
DecidedMarch 31, 1987
Docket17100
StatusPublished
Cited by6 cases

This text of 734 P.2d 740 (State Industrial Insurance System v. Weaver) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Industrial Insurance System v. Weaver, 734 P.2d 740, 103 Nev. 196, 1987 Nev. LEXIS 1609 (Neb. 1987).

Opinion

*197 OPINION

By the Court,

Gunderson, C. J.:

Russell Weaver collapsed and died of cardiac arrest moments after running a timed mile as part of a job-mandated physical fitness test. His widow, respondent Irma Weaver, filed for death benefits under the Nevada Industrial Accident Act (NIAA). The State Industrial Insurance System (SIIS), the hearing officer and the appeals officer all agreed Weaver’s death was not compensa-ble. On judicial review, the district court reversed. SIIS appeals.

Russell Weaver was a 59-year-old, privately employed security inspector at the Nevada Test Site. In 1982, the United States Department of Energy imposed physical fitness standards on security inspectors at its sites. For the first time in seventeen years of employment, Weaver, whose duties did not normally require running, had to prove he could run a mile in eight-and-a-half minutes to retain his job. In June, 1983, Weaver was examined by a physician and medically cleared for participation in the physical fitness training and testing program. On July 12, 1983, he completed the one-mile run in under eight minutes, took a drink of water, walked 35 feet, collapsed and died of cardiac arrest.

Dr. Robert E. Cutler wrote it was a “medically valid presumption” that the stress of running contributed to Weaver’s death. However, the autopsy revealed that Weaver also suffered acute coronary artery disease although the condition was asymptomatic in his lifetime. 1

NRS 616.615 provides death benefits if “an injury by accident arising out of and in the course of employment causes the death of *198 an employee.” Russell Weaver suffered sudden unexpected internal failure and death moments after extreme physical exertion in the course of his employment. Although Weaver did not slip, fall, or suffer any visible mishap during his run, the absence of any obvious unusual occurrence does not preclude the existence of an injury by accident. See SIIS v. Swinney, 103 Nev. 17, 731 P.2d 359 (1987); American International Vacations v. MacBride, 99 Nev. 324, 661 P.2d 1301 (1983). There is nothing in the concept of “accidents” that demands the accidental character of the injury be in the cause rather than the result. IB Larson, Workmen’s Compensation Law §38.60 (1986). We further note that four other states have the same statutory definition of “accident5’ as Nevada and that none of these require an injury by accident be preceded by an unusual event classified as an accident. See Newman Bros., Inc. v. McDowell, 354 So.2d 1138 (Ala.Civ.App. 1977); Ferguson v. HDE, Inc. 270 So.2d 867 (La. 1972); Wolfgeher v. Wagner Cartage Service, Inc., 646 S.W.2d 781 (Mo. 1983); Wolfe v. American Community Stores, 290 N.W. 195 (Neb. 1980). The statutory requirements for injury and accident are satisfied. 2

The central issue in this appeal is whether, despite injury by accident, NRS 616.110(2) 3 bars compensation when an employee with pre-existing coronary artery disease dies of cardiac arrest immediately following extraordinary and unusual physical exertion in the course of his employment. We hold it does not.

In heart cases, NRS 616.110(2) establishes an exception to the general rule that industrial injuries are compensable even if the employment only aggravates, accelerates, or combines with preexisting disease to cause death or disability. Spencer v. Harrah’s Inc., 98 Nev. 99, 641 P.2d 481 (1982). In Spencer, supra, we held the statute precluded compensation when heat exhaustion and dehydration precipitated the heart attack of an employee with severe heart disease. We noted the debilitated state that developed *199 on the fatal day “was of a type likely to occur at any time, anywhere.” 98 Nev. at 102, 641 P.2d at 483. It was clear that Mr. Spencer’s death did not substantially result from his employment. Id. Consistent with our decision in Spencer, supra, we held in SIIS v. Conner, 102 Nev. 335, 721 P.2d 384 (1986), that the statute barred compensation for permanent partial disability where an employee’s history included pre-existing disease, a coronary bypass operation, and one work-related heart attack six years earlier. In 1978, Mr. Conner, a police officer with preexisting heart disease, suffered a myocardial infarction after being assaulted by a suspect. He was compensated for this injury under the Nevada Occupational Diseases Act. In 1979, he underwent a successful quardruple bypass operation and returned to work. Five years later, in 1984, he was rated partially disabled. Conner then sought permanent partial disability payments under NIAA, based on the 1979 assault. This court determined that NRS 616.110(2) precluded such payments where disability was due'to an underlying condition that was only aggravated by an employment-related injury suffered years earlier.

By contrast, SIIS v. Buckley, 100 Nev. 376, 682 P.2d 1387 (1984), presented a clear causal relationship between direct trauma to the heart and the ensuing injury. Ms. Buckley, a nurse with no prior heart disorder, suffered a prolapsed mitral valve after coming into accidental contact with a defibrillator which sent a strong electrical shock through her body. We agreed that NRS 616.110(2), like the statutes of other states limiting recovery in heart cases, did not apply when an injury to the heart is caused by sudden unforeseen and violent application of force. 100 Nev. 379, 682 P.2d at 1389.

Russell Weaver was subjected to extraordinary and violent physical stress in the course of his employment. The Department of Energy, through the employer, required a nearly sixty-year-old man whose duties did not normally include any running to run one mile in eight-and-a-half minutes through the southern Nevada desert, in July, in order to retain the job he had held for seventeen years. Weaver’s virtually immediate collapse and death evidenced his body’s inability to sustain the force of the extreme stress imposed by the employer’s mandate.

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Bluebook (online)
734 P.2d 740, 103 Nev. 196, 1987 Nev. LEXIS 1609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-industrial-insurance-system-v-weaver-nev-1987.