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AETNA CASUALTY & SURETY CO. et al. v. CORN.
35956.
Workmen's compensation. Before Judge Shaw. Fulton Superior Court. September 12, 1955.
TOWNSEND, J.
The evidence in this workmen's compensation case was sufficient to support an award in favor of the claimant for the death of her husband on the proposition that the deceased employee died of a coronary occlusion resulting in heart failure, and that the exertion incident to the duties of his employment contributed thereto.
William Corn, employed as a night watchman and maintenance man at the Georgia Baptist Hospital in Atlanta, was found dead about 5 a. m. on a porch on the premises supposed to be regularly visited by him for the purpose of punching a clock. On the night in question the deceased employee walked 2 1/2 blocks to a trolley line and another 2 1/2 blocks to the hospital; carried a watchman's clock weighing 4 to 6 pounds, made regular rounds of the premises in the course of each of which he walked 1 to 1 1/2 miles in approximately 30 minutes. Each time he punched his station he had to go up and down 46 steps. An autopsy report introduced in evidence on the hearing of the claimant, wife of the deceased and defendant in error here, revealed expensive pre-existing heart damage, myocardial infarct, arteriosclerosis and diseased coronary artery measuring only .1 cm. in diameter. There was some bleeding where the body was found, and the deceased had a scalp laceration about 1 inch long. The autopsy report showed death "due to coronary thrombosis with extensive myocardial infarction." The doctor making the autopsy and two medical experts testified in the case. At its conclusion the single director hearing the case found against the claimant. On appeal the full board found in favor of the claimant and the award was affirmed by the judge of the Superior Court of Fulton County, and this latter judgment is assigned as error.
Both physicians testifying as experts in the case stated frankly that there is a difference of opinion in medical circles as to the effect of exertion in certain types of heart cases. Both indicated they did not believe exertion played a part in the formation of a blood clot. Dr. Lipman, for the claimant, on the basis of facts stated in the autopsy questioned the validity of the conclusion that coronary thrombosis, or clot, was the cause of death, could not state positively whether or not the claimant's exertion actually brought on the attack but felt that under all the facts stated this was a natural assumption. Dr. Richardson, for the employer, proceeding on the assumption that the thrombosis caused the death testified positively that exertion would not cause the thrombosis; that a coronary thrombosis is a coronary occlusion though an occlusion is not necessarily a thrombosis, though the words. are frequently interchanged; that exertion would certainly aggravate a condition resulting from thrombosis and there is a period of time following thrombosis when a man can stand very little in the way of exertion. No blood clot was found by the autopsy. The full board found the cause of death to be coronary occlusion and compensable. In the present state of human knowledge and experience it is almost universally recognized that too much exertion for the physical existing condition of a person suffering from arterial or cardiac disease is injurious, and that a person having the advanced stages of disease present in the decedent can do far less in the way of exertion than can one not so afflicted. Dr. Lipman felt here that the amount of exertion shown was sufficient to contribute as a cause of death. The amount of exertion shown was considerable--walking for a number of miles, averaging 1 1/2 miles per hour while he was on duty, carrying a clock and climbing flights of steps, as well as being on guard for intruders and making minor repairs. Under all of these facts it cannot be said that there was no evidence to support the award, nor does it appear that such finding is based on mere conjecture. Admittedly, the elements of proof in cases of this kind are far less conclusive than in, say, one of death by drowning or shooting, the connection between the employee's duties and the fatal attack (see Globe Indemnity Co. v. Simonton, 88 Ga. App. 694, 76 S. E. 2d 837) is more tenuous, but, the issue having been made in this manner, a question of fact is presented as to whether the claimant carried the burden of proof. The full board found as a matter of fact that the cause of the claimant's death was coronary occlusion. This condition may be caused by a blood clot which, according to the evidence in this case, is wholly unrelated to exertion. The evidence is sufficient to show, however, that a partial occlusion of the coronary artery was a pre-existing condition, its lumen being only one fourth of its normal diameter, and the evidence is sufficient to authorize the finding that the exertion of the employee in the course of his employment was too great for this existing condition so that it contributed to the attack from which he died.
The judge of the superior court properly affirmed the award allowing compensation.
Judgment affirmed. Gardner, P. J., and Carlisle, J., concur.
James A. Bagwell, contra.
Haas, White & Douglas, for plaintiff in error.
DECIDED JANUARY 26, 1956.
Saturday May 23 02:12 EDT


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