Wilson v. Yellow Freight System

839 P.2d 151, 114 N.M. 407
CourtNew Mexico Court of Appeals
DecidedAugust 20, 1992
DocketNo. 13516
StatusPublished
Cited by5 cases

This text of 839 P.2d 151 (Wilson v. Yellow Freight System) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Yellow Freight System, 839 P.2d 151, 114 N.M. 407 (N.M. Ct. App. 1992).

Opinion

OPINION

DONNELLY, Judge.

Decedent’s surviving spouse (Appellant) appeals from an order dismissing her workers’ compensation claim for death benefits. Two issues are presented on appeal: (1) whether the workers’ compensation judge (WCJ) erred in refusing to find that stress related to Decedent’s employment was a contributing factor to the heart attack sustained by Decedent on October 9, 1989; and (2) whether the WCJ erred in denying death benefits notwithstanding the existence of evidence indicating that Decedent might have survived his heart attack if he had obtained appropriate medical care instead of reporting for work. For the reasons discussed herein, we affirm.

FACTS

Decedent was employed as a long-distance truck driver for Yellow Freight Systems (Employer). On October 9, 1989, he was scheduled to drive a truck from Flagstaff, Arizona, to Albuquerque departing at approximately midnight. Prior to the time Decedent was scheduled to depart on his route, he informed Appellant that he was not feeling well and believed he was suffering from a severe case of indigestion. Appellant urged Decedent to seek immediate medical attention. Decedent refused to do so but told Appellant if he was not feeling better he would seek medical attention after he arrived in Albuquerque. He informed Appellant that he was worried about being reprimanded or the possible loss of his job if he failed to drive his scheduled route.

Decedent left Employer’s Flagstaff terminal at about midnight on October 9, 1989. Thereafter, at approximately 3:30 a.m., the truck Decedent was driving veered off the highway outside of Gallup and came to a rest near an on-ramp. Decedent was found dead inside the truck cab.

It is undisputed that Decedent’s death was due to a heart attack. Dr. Patricia McFeeley, a pathologist, after performing an autopsy on Decedent, found that there was no evidence of external injury. Her examination revealed that Decedent had suffered from preexisting atherosclerotic coronary vascular disease, which caused a substantial occlusion of his left anterior artery, and that he had suffered a recent infarction of the left ventrical wall from one to three days prior to his death.

Dr. Paul Cochran, a cardiologist, testified that in his opinion Decedent’s age (52), chronic cigarette smoking, and high blood pressure were contributing causes to Decedent’s heart attack. He also stated that in his opinion job-related stress was an additional contributing factor which combined with other factors to cause the onset of Decedent’s heart attack. Dr. Cochran further testified that Decedent was suffering from a heart attack prior to the time he reported for work and that “the heart attack that he had sustained, which I think was the cause of his death, probably occurred at least 24 hours, if not 72 hours, before he died____” He stated that the immediate cause of Decedent’s death, in his opinion, was the fact that Decedent failed to obtain medical attention during the time of his ongoing heart attack.

Appellant also presented evidence indicating that approximately five months pri- or to Decedent’s death, on May 4, 1989, while he was driving a truck for Employer, he struck and killed a pedestrian on Interstate 40, west of Albuquerque, and that after the May 4 accident, Decedent became very distraught and depressed. Dr. Cochran testified that, in his opinion, job-related stress, including Decedent’s worry and concern over the events of his prior accident, was a contributing factor which precipitated Decedent’s heart attack and which caused his death on October 9, 1989.

Employer presented expert medical evidence contradictory to that relied upon by Appellant. Dr. Neal Shadoff, a cardiologist, testified that after reviewing Decedent’s medical records, the autopsy report, Appellant’s deposition, and other records, in his opinion, Decedent suffered from preexisting “coronary disease involving one artery and that a superimposed blood clot was what really led to his myocardial infarction.” He also stated that the onset of Decedent’s heart attack had begun one to three days prior to the time of his death, that there was no causal relationship between his employment and his heart attack, and that in his opinion Decedent’s heart attack was not “a natural and direct result of [his] driving a truck.”

DISCUSSION

Appellant asserts that the WCJ erred in finding that the heart attack sustained by Decedent and which resulted in his death was not contributed to by emotional or physical stress related to his work. Incident to this challenge to the WCJ’s order dismissing her claim for death benefits, Appellant also attacks the WCJ’s findings determining that the accident sustained by Decedent “did not arise out of his employment with Employer,” and that the “accident ... was not in the course of [Decedent’s] employment with Employer.” Appellant asserts that there was not substantial evidence to support these findings, thus mandating reversal.

The gravamen of Appellant’s appeal focuses upon testimony of Dr. Cochran indicating that, in his opinion, although Decedent’s heart attack was caused in part by a number of factors, one of the causes was job-related stress. Appellant reasons that since Decedent died while performing his job, the findings and conclusions of the WCJ determining that Decedent’s accident did not arise out of or occur in the course of his employment with his Employer were contrary to law and not supported by substantial evidence.

There is no dispute that Decedent died from a myocardial infarction. Although we agree with Appellant that the evidence clearly reflects that Decedent’s death occurred during the course and scope of his employment, the pivotal question is whether Decedent’s work and job activities combined to cause the accident which led to his death. The opinion testimony of the medical experts is conflicting as to this issue.

Employer denied that Decedent’s death was a natural and direct result of a compensable injury. Therefore, Appellant was required to establish by competent medical evidence that his death was caused or precipitated by an accidental injury from strain or exertion arising out of and in the course of Decedent’s employment. See NMSA 1978, § 52-1-28 (Repl.Pamp.1991); see also Oliver v. City of Albuquerque, 106 N.M. 350, 742 P.2d 1055 (1987); Little v. J. Korber & Co., 71 N.M. 294, 378 P.2d 119 (1963); Turner v. New Mexico State Highway Dep’t, 98 N.M. 256, 648 P.2d 8 (Ct.App.1982); Bufalino v. Safeway Stores, Inc., 98 N.M. 560, 650 P.2d 844 (Ct.App.1982); Bertelle v. City of Gallup, 81 N.M. 755, 473 P.2d 369 (Ct.App.1970); cf. Shadbolt v. Schneider, Inc., 103 N.M. 544, 710 P.2d 738 (Ct.App.) (worker entitled to compensation benefits for disability resulting from stroke shown to be causally related to his work), rev’d in part on other grounds, 103 N.M. 467,

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Cite This Page — Counsel Stack

Bluebook (online)
839 P.2d 151, 114 N.M. 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-yellow-freight-system-nmctapp-1992.