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.
(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),
Additionally, the law does not impose on an expеrt the requirement of exact certainty. Noblesville Casting Division of TRW, Inc. v. Prince (1982), Ind.,
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
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.
Notes
. 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.
