Stovall v. Dal-Camp, Inc.

669 S.W.2d 531, 1984 Ky. LEXIS 228
CourtKentucky Supreme Court
DecidedApril 19, 1984
StatusPublished
Cited by13 cases

This text of 669 S.W.2d 531 (Stovall v. Dal-Camp, Inc.) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stovall v. Dal-Camp, Inc., 669 S.W.2d 531, 1984 Ky. LEXIS 228 (Ky. 1984).

Opinions

VANCE, Justice.

This court has granted discretionary review in two of the captioned cases and has granted a transfer from the Court of Appeals to this court in the other to review the question of apportionment of a compensation award between the employer and the Special Fund in situations in which exertion or stress on the job has aroused a dormant, nondisabling disease or condition into disabling reality but in which there would have been no disability at all except for the arousal of the nondisabling disease or condition.

Payment of compensation for the disabilities arising from the combined effects of previous and subsequent injuries was provided by Section 4901, Kentucky Statutes, Sixth Edition, 1922. The liability of the employer in whose employment the subsequent injury was sustained was limited to the payment of compensation to which such resulting condition entitled the employee, less all compensation which the provisions of the Compensation Act would have afforded on account of the prior injury or [533]*533injuries had they been compensated for thereunder.

The purpose of this and subsequent statutory enactments relating to compensation for disability resulting from the combined effects of previous and subsequent injuries was to protect employers from having to pay for injuries not sustained in their employ, to prevent an employer from being held responsible for more of a compensation award than is attributable to a disability incurred in the course of an employee’s employment with him, and to encourage re-employment of injured workers by relieving the employer of the risk of paying compensation for disability brought about as a result of a previous condition. Bennett v. White Coal Co., 288 Ky. 827, 157 S.W.2d 73 (1941); Kentucky Mountain Coal Company v. Witt, Ky., 358 S.W.2d 517 (1962); Transport Motor Exp., Inc. v. Finn, Ky., 574 S.W.2d 277 (1978).

Succeeding statutory amendments in 1946, 1948, 1950, 1956, 1960, 1962, 1964, 1972, 1978, 1980, and 1982 have expanded the scope of compensation for subsequent injuries by providing compensation for arousal of nondisabling dormant disease or conditions into disabling reality, and providing for the Special Fund to provide compensation for disability in excess of that which would have resulted from the subsequent injury alone. K.R.S. 342.120.

Beginning in 1946 and continuing through all the amendments to date, K.R.S. 342.120 is triggered when an employee sustains a subsequent compensable injury by accident. Consistently, through all of the amendments, when a subsequent compen-sable injury has aroused a nondisabling, dormant disease or condition into disabling reality, the liability of the employer has been limited to compensation for disability which would have resulted from the subsequent injury alone had there been no preexisting disability or dormant but aroused disease or condition.

The statutory standard is readily applicable in cases in which there occurs an identifiable, subsequent injury which is in itself a compensable injury and which alone would cause some disability even if there had been no previous disability or dormant disease or condition capable of being aroused into disabling reality.

Death or disability caused by myocardial infarction does not fit readily into the statutory standard. This court decided in Terry v. Associated Stone Co., Ky., 334 S.W.2d 926 (1960) that disability resulting from atherosclerotic disease aroused into disability by work-connected stress or exertion was a compensable injury and that the liability for compensation should have been prorated.

Following an amendment to K.R.S. 342.-005(1) in 1956 which added the word “traumatic” to the personal injury by accident requirement, this court held in Grimes v. Goodlett and Adams, Ky., 345 S.W.2d 47 (1961), that a heart attack caused by work-connected exertion or stress which aroused an underlying atherosclerotic condition was a compensable traumatic personal injury by accident. See also, Trailer Convoys, Inc. v. Holsclaw, Ky., 419 S.W.2d 563 (1967).

Apportionment of liability between the Special Fund and the employer was mandated in Moore v. Square D Company, Ky., 518 S.W.2d 781 (1974); Young v. Davidson, Inc., Ky., 463 S.W.2d 924 (1971); and Yocom v. Loy, Ky., 573 S.W.2d 645 (1978). Yocom v. Loy notes that part of the disability in a heart attack case may not be compensable if there existed any prior occupational disability as a result of functional disability from the pre-existing atherosclerotic disease or condition.

No case cited to us has considered a 100% apportionment of liability to the Special Fund in heart attack cases, and none of them has come to grips with the language of the statute which limits the liability of the employer to the payment of compensation for only the degree of disability which would have resulted from the subsequent injury had there been no pre-existing disability or dormant, but aroused, disease or condition. This issue necessitates a consideration of precisely what is the subsequent injury in heart attack cases.

[534]*534In the captioned case, Stovall, Commissioner v. Dal-Camp, Inc., et al. the medical testimony was to the effect that work-connected exertion aroused a non-disabling atherosclerotic condition but that the exertion itself would not have caused any disability whatever had it not been for the underlying disease.

K.R.S. 342.120(3), in effect at the time of the heart attack, provided:

“If it is found that the employee is a person mentioned in paragraphs (a) or (b) of subsection (1) and a subsequent com-pensable injury or occupational disease has resulted in additional permanent disability so that the degree of disability caused by the combined disabilities is greater than that which would have resulted from the subsequent injury or occupational disease alone, and the employee is entitled to receive compensation on the basis of the combined disabilities, the employer shall be liable only for the degree of disability which would have resulted from the latter injury or occupational disease had there been no pre-existing disability or dormant, but aroused disease or condition.”

The Special Fund contends that under the statute it is liable for only the additional disability which was caused by the arousal of a dormant condition by a subsequent compensable injury.

The difficulty in applying the apportionment provisions of the statute in heart attack cases springs from the ambiguity as to what is the subsequent injury which has aroused a nondisabling condition into disabling reality.

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Stovall v. Dal-Camp, Inc.
669 S.W.2d 531 (Kentucky Supreme Court, 1984)

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Bluebook (online)
669 S.W.2d 531, 1984 Ky. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stovall-v-dal-camp-inc-ky-1984.