Walters v. Industrial Accident Commission

369 P.2d 703, 57 Cal. 2d 387, 20 Cal. Rptr. 7, 1962 Cal. LEXIS 183
CourtCalifornia Supreme Court
DecidedMarch 15, 1962
DocketL. A. 26570
StatusPublished
Cited by6 cases

This text of 369 P.2d 703 (Walters v. Industrial Accident Commission) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walters v. Industrial Accident Commission, 369 P.2d 703, 57 Cal. 2d 387, 20 Cal. Rptr. 7, 1962 Cal. LEXIS 183 (Cal. 1962).

Opinions

WHITE, J.

This is a petition by Earl A. Walters for a writ to review the “take nothing” award of respondent Industrial Accident Commission based upon its findings to the effect that a heart attack suffered by petitioner was not an industrially compensable injury, and its subsequent order denying a petition for reconsideration. In addition to the commission the respondents are petitioner’s employers and their insurance carrier.

On June 9, 1958, petitioner suffered a sudden coronary occlusion while on the premises of his employer, the Warren-Anderson Company, an automobile repair establishment in Riverside. He was then 46 years of age, and had been employed as an automobile mechanic for Warren-Anderson for 27 years. He was immediately hospitalized and is now no longer able to work as a mechanic, although he is able to do light, part-time work in a service station.

At the initial hearing in April 1959 petitioner testified that an automobile which was very low at the front end was assigned to him for repairs on the morning in question, and that in order to make the repairs it was necessary to place the car on his lift rack. He stated: “The lift rack that I had over there was a little too high, so I backed up this way [with his back to the right front fender], got down to put my hands under it on the right hand side, and came up on it with all I had. When I did it seemed like something bursted and someone throwing a vise” within his chest. He testified that the car seemed as if it were “bolted to the floor,” and surmised that the front springs had been heated and thus lost their springing action. He stated that he had been assisted by a coworker, Bernard Walker, who had lifted with his back to the left front fender, and by William Jones, the shop foreman, who was attempting to drive the car onto petitioner’s lift rack as the two men lifted the front end. Petitioner testified further that the attempt to place the car on the rack was immediately abandoned; that the other two men then walked away, apparently not having noticed the petitioner’s condition; that he then walked out of the building for a few moments, but “it didn’t do any good”; that he walked back inside in the direction of Walker’s adjoining lift rack, and that after a few words with Walker, he then became un[390]*390conscious. He remembered the automobile as a dark colored, 1953 Ford sedan.

The shop foreman, William Jones, did not “recall being in the automobile,” as testified to by petitioner. He did recall that he had written a job order for a brake adjustment on a 1953 Ford; that he saw the petitioner when the dispatcher called him to perform the work on the car, and that in the past it had been necessary to lift and drive cars onto the petitioner’s lift rack. He remembered seeing the petitioner on the floor after he had become unconscious.

Bernard Walker stated that according to his best recollection he had attempted to lift the automobile while pulling upward on the left front bumper, facing the car and “a little sideways.” He testified: “The next thing I remember, Earl [petitioner] was out in the alley. I was called to the speaker by the dispatcher . . . and I figured on coming back. ’ ’ He also stated that while most low cars are comparatively easy to lift and slide onto the rack, “This car for some reason was a lot heavier. ... It was low. I don’t know whether it had a heavier engine in it or what, but it was a damn low heavy car.” According to Walker, the car was a 1953 Ford sedan, dark in color.

Concerning the details of petitioner’s collapse, Walker testified: “Earl Walters came over to my place of work and squatted down against the wall and clutched his chest and said, ‘I don’t think I’m going to make it.’ . . . Then he tried to stand up, and at that time he started to fall, and I caught him.” Walker subsequently drove the automobile upon his newer and lower rack, and repaired it.

After a proper foundation had been laid, Walker was confronted with two signed statements which he had made in December 1958, at the instance of an insurance investigator. In the first statement, Walker recited the details of petitioner’s collapse in his arms, but stated that no lifting incident had occurred that morning. After signing the first statement he was then shown a shop order for the automobile allegedly involved in the claimed lifting incident. Thereafter, in the second and supplemental statement, he stated that he had no “recollection whether or not I helped Mm to lift the car up on the rack.” In explanation of the seemingly prior inconsistent statements Walker explained that his inability to recall the lifting at the time he made the statements to the insurance investigator was due to the fact that such lifts [391]*391were routine operations, but by referring to a work order he often could “remember the facts” of a particular job. The ear was described on the work order as a 1953 Ford convertible.

The physician who treated petitioner, Dr. Ben B. Thompson, testified that a few days after the attack petitioner had stated to him that he had experienced a sudden pain in his chest while lifting something heavy at work. But Dr. Thompson admitted that on a claim form addressed to a nonindustrial insurance carrier, he had answered “No” to the question, “Did this sickness or injury arise out of patient’s employment?” Dr. Thompson’s explanation was that petitioner had not come to him as an industrial case, and that under these circumstances a “Yes” answer would have caused complications to processing the matter as a private insurance ease. Concerning a possible relationship between the alleged lifting and the occurrence of applicant’s attack, it was the doctor’s opinion that “if the man was straining lifting and had a sudden attack ... I would definitely say lifting caused the attack.” It was also the opinion of petitioner’s cardiologist, Dr. Martin S. Goldfarb, based on petitioner’s account of the incident to him, that the former’s attack “was directly precipitated by the effort of trying to lift a car onto a rack on June 9th, 1958.” The record discloses that petitioner has given every examining physician a similar version of the occurrence of the attack while lifting the automobile.

Dr. Goldfarb also testified that' while there was some difference of opinion among cardiologists, it was the majority opinion in that profession “that effort is a precipitating factor in coronary occlusion.” But Dr. R J. LaJoie, another cardiologist who had examined petitioner testified on behalf of the employer that he “was of the opinion that there was no causal connection between the acute coronary occlusion . . . which he suffered on June 9th, 1958 [and] his occupation.” The latter expert opinion was based on Dr. LaJoie’s belief that applicant had suffered from atherosclerotic heart disease for a number of years. He further testified that even if the attack had occurred simultaneously with the alleged lifting, the stress involved by a lift in that bodily position was not of a nature to precipitate a coronary occlusion.

In his report to the commission following the hearing the referee relied in part upon the fact that the hospital record does not reflect the alleged lifting incident, although that [392]*392record does state over Dr. Thompson’s signature that the injury was produced by a “sudden onset at work.” The referee also stated that Dr.

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Walters v. Industrial Accident Commission
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Bluebook (online)
369 P.2d 703, 57 Cal. 2d 387, 20 Cal. Rptr. 7, 1962 Cal. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walters-v-industrial-accident-commission-cal-1962.