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552 N.E.2d 485
Ind. Ct. App.
1990
CONOVER, Judge.

Plaintiff-Appellant Robert (Glenn (Glenn) appeals the Worker's - Compensation Board's (Board) denial of benefits for a disabling heart attack which occurred during his employment with Defendant-Appel-lee, Board of Commissioners, Harrison County (Commissioners).

We affirm.

The sole issue Glenn presents for our review is whеther the Board's decision to deny benefits is contrary to law.

Glenn was employed as a working foreman by the Harrison County Highway Department. In April, 1981, Glenn suffеred a disabling heart attack after a morning of patching asphalt holes. Glenn had suf fered chest pains for two weeks prior to the attack including both the night before, and the morning of the attack. The attack left Glenn unable to work. A Hearing Judge for the Board, denied Glenn's Form 9 application for benefits, finding:

At the hearing the parties stipulated and agreed that plaintiff was an employee of the defendant on April 17, 1986, at an averаge weekly wage of $249.60; that he did have a heart attack on that date and that there is a disagreement between the parties as to whethеr or not the heart attack arose out of and in the course of his employment.
That the deposition of Ronald R. Mas-den, M.D., taken on Decеmber 21, 1988, was admitted in evidence; that Plaintiff's Exhibit 1, being Medical Records, was also stipulated into evidence.
That in the event it's found to be a compensable claim, the ‍​​‌‌​​‌‌‌​‌‌‌​‌‌​‌​‌‌​​​‌‌‌​​​​‌‌​‌​​‌‌‌​‌​‌​‌‌​‍Hearing Judge will order statutory medical to be paid.
Said Hearing Judge having heard the stipulation and evidence and having reviewеd the file and being duly advised in the premises, now adopts as findings the above stipulation.
It is further found that on or about April 17, 1986, the plaintiff was performing his usual and nоrmal occupation for the defendant and specifically, on said date, was patching holes in the highway which required him to shovel materials frоm the bed of a dump truck onto the ground below; that while so performing said duties he became short of breath and felt pain in his chest area, which pain he had noticed intermittently within two prior weeks. Thereafter, he sought immediate medical treatment by Dr. Ronald Masden, who diagnosed him having a cоronary atherosclerotic heart disease, and that he had suffered, as a result of said disease, an occlusion of the left anterior dеscending coronary artery, resulting in anteroseptal myocardial infarction.
It is further found from all the credible medical evidence that the coronary ather-osclerotic heart disease was ongoing for many years and simply became a symptomatic on or around the 17th of Aрril, 1986.
It is further found from the credible medical evidence that the plaintiff's myocardial infarction was unrelated to his employment. \
Said Hearing Judge now finds for the defendant and against plaintiff on plaintiff's Form 9 application filed April 15, 1988.
AWARD
IT IS, THEREFORE, CONSIDERED, ORDERED AND ADJUDGED by the Worker's Compensation Board ‍​​‌‌​​‌‌‌​‌‌‌​‌‌​‌​‌‌​​​‌‌‌​​​​‌‌​‌​​‌‌‌​‌​‌​‌‌​‍of Indiana that plaintiff take nоthing by his Form 9 application filed April 15, 1988.

(R. 11-12). The Full Worker's Compensa tion Board affirmed the decision. Glenn appeals.

When reviewing the Board's decisiоn, we must disregard all evidence unfavorable to their findings. Eastham v. Whirlpool Corp. (1988), Ind.App. 3 Dist., 524 N.E.2d 23, 26, trans. denied. We consider only facts and reasonable inferences which support the Board's findings. Kerchner v. Kingsley Furniture Co., Inc. (1985), Ind.App. 1 Dist., 478 N.E.2d 74, 76, reh. denied, trans. denied. We examine the record only to determine whether substantial evidence or inferences support the Board's findings and conclusions. Wanatah Trucking v. Baert (1983), Ind.App. 3 Dist., 448 N.E.2d 48, 50, reh. denied. We cannot reverse the Board's findings unless it conclusively appears the evidence was devoid of probative value or was so proportionately inadequate the finding could not rеst on a rational basis; we will overturn the Board's decision only if evidence is so inadequate a reasonable man would be compelled tо reach a contrary result. Dane Trucking Co. v. Elkins (1988), Ind. App. 3 Dist. 529 N.E.2d 117, 120-121, reh. denied, trams. denied. When the evidence conflicts and is susceptible ‍​​‌‌​​‌‌‌​‌‌‌​‌‌​‌​‌‌​​​‌‌‌​​​​‌‌​‌​​‌‌‌​‌​‌​‌‌​‍to different conсlusions, the Board is affirmed. Id., at 121.

(Glenn contends the Board's decision is contrary to law. He maintains the deposition testimony of Dr. Ronald Masden, a cardiologist, unequivocally established causation when he concluded Glenn's heart disease became symptomatic the day of the attack. Glenn further maintains the attack was the unexpected result of his employment activities, thus compensable under L.C. 22-8-6-l(e). 1 We disagree.

It is the claimant's burden in the first instance to prove his right to compensation. Robinson v. Twigg Industries, Inc. (1972), 154 Ind.App. 339, 289 N.E.2d 733, 735, quoting Dooley v. Richard's Standard Service (1969), 145 Ind.App. 470, 251 N.E.2d 449, 450. Before there can be compensation there must be a causal connection between the injury and the employment at the time of disability. Evans v. Yankeetown Dock Corp. (1986), Ind., 491 N.E.2d 969, 975, reh. denied. Causation may be addressed under the stаtutory language "arising out of." Once it is determined there is an injury by accident, defined as an unexpected injury, Evans, supra, at 975, the issue becomes whethеr the injury arose out of and in the course of employment, not whether the injury resulted from the ordinary events of employment. That is to say, whether the injury is causally connected to the employment. Eastham, supra, at 28, n. 2, relying on Hansen v. Von Duprin, Inc. (1987), Ind., 507 N.E.2d 578, 576.

Additionally, the law does not impose on an expеrt the requirement of exact certainty. Noblesville Casting Division of TRW, Inc. v. Prince (1982), Ind., 438 N.E.2d 722, 731. Expert medical opinion given with less than reasonable certainty is not sufficient ‍​​‌‌​​‌‌‌​‌‌‌​‌‌​‌​‌‌​​​‌‌‌​​​​‌‌​‌​​‌‌‌​‌​‌​‌‌​‍standing alone, to support a verdict. Colaw v. Nicholson (1983), Ind. App. 1 Dist., 450 N.E.2d 1023, 1030. However, the fact finder, in this case, the Board, weighs the evidence and determines the credibility of an expert's opinion based on the evidence presented and the degree of certitude with which the opiniоn is cast. Strong v. State (1989), Ind., 538 N.E.2d 924, 931; Noblesville, supra, at 729. Expert opinion regarding causation may be admissible yet insufficient to support the desired result. Strong, suprа, at 980. The degree of certainty in which an opinion or conclusion is expressed concerns the weight to be accorded the testimony, whiсh is a matter for the finder of fact to resolve. Noblesville, supra, at 731.

Here, Glenn's witness, Dr. Masden, concluded Glenn suffered from atheroscler-otic heart disease and suffered an occlusion of the left anterior descending coronary artery, resulting in anteroseptal myocardial infаrction. In other words, the disease became symptomatic. Although Masden did not testify whether there was any causal connection between Glenn's heart attack and his employment, Glenn argues this statement implies the heart attack was caused by his employment activities. The record сontains probative evidence of Glenn's preexisting heart condition and evi dence of chest pains for two weeks prior to the attack. In fact, Edward Deatrick, Glenn's supervisor, testified Glenn complained of chest pains when he reported for work the morning of the attack yеt he refused to go home. While a pre-existing condition will not preclude recovery, Hansen, supra, at 577, the Board found no causal connеction between (Glenn's injury and employment.

Glenn failed to show the evidence leads inescapably to a conclusion contrary to the Board's. Ample evidence supports the findings of the Board.

Affirmed.

MILLER and BAKER, JJ., concur.

Notes

1

. LC. 22-3-6-i1(e):

(e) "Injury" and "person injury" mean only injury by accident arising out of and in the course of ‍​​‌‌​​‌‌‌​‌‌‌​‌‌​‌​‌‌​​​‌‌‌​​​​‌‌​‌​​‌‌‌​‌​‌​‌‌​‍the employment and do not include a disease in any form except as it results from the injury.

Case Details

Case Name: Glenn v. Board of Commissioners
Court Name: Indiana Court of Appeals
Date Published: Apr 10, 1990
Citations: 552 N.E.2d 485; 1990 WL 42824; 93A02-8908-EX-397
Docket Number: 93A02-8908-EX-397
Court Abbreviation: Ind. Ct. App.
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