Dependents of Harbin v. Outokumpu Heatcraft USA, LLC, et al.


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Docket Number: 2006-WC-01248-COA

Court of Appeals: Opinion Link
Opinion Date: 06-05-2007
Opinion Author: LEE, P.J.
Holding: Affirmed

Additional Case Information: Topic: Workers’ compensation - Causal connection - Heart attack - Found dead presumption - Section 71-3-3(b)
Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - WORKERS' COMPENSATION

Trial Court: Date of Trial Judgment: 06-29-2006
Appealed from: Grenada County Circuit Court
Judge: Clarence E. Morgan, III
Disposition: TRIAL COURT AFFIRMED COMMISSION’S ORDER WHICH DENIED WORKERS’ COMPENSATION BENEFITS
Case Number: 2005-610CVM

  Party Name: Attorney Name:  
Appellant: DEPENDENTS OF OSCAR HARBIN, DECEASED: LOUISE HARBIN, TUNDRA HARBIN AND JAMARCUS HARBIN




VANESSA J. JONES



 

Appellee: OUTOKUMPU HEATCRAFT USA, LLC AND ACE AMERICAN INSURANCE COMPANY PHILLIP PERKINS EMBRY  

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Topic: Workers’ compensation - Causal connection - Heart attack - Found dead presumption - Section 71-3-3(b)

Summary of the Facts: Oscar Harbin had a fatal heart attack while working at Outokumpu Heatcraft. His widow, Louise Harbin, filed a petition to controvert with the Mississippi Workers’ Compensation Commission. The administrative law judge found that Oscar’s death occurred within the course and scope of his employment and ordered Heatcraft and its carrier, Ace American Insurance Company, to pay funeral expenses, immediate lump sum benefits, death benefits to Oscar’s widow and dependent child, reasonable medical expenses incurred as a result of Oscar’s death and penalties/interest on all unpaid benefits. Heatcraft filed a petition to review the decision, and the Commission reversed the decision and denied Harbin’s claim for benefits. Harbin appealed to circuit court which affirmed. Harbin appeals.

Summary of Opinion Analysis: Harbin argues that the Commission erred in finding that there was no presumption of a causal connection under the circumstances and that Harbin failed to prove that Oscar’s death was work-related. Section 71-3-3(b) states that an untoward event which results in accidental death “arising out of or in the course of employment without regard to fault . . . shall not be presumed to have risen out of and in the course of employment, except in cases of an employee found dead in the course of employment.” The Commission found that since Oscar’s death occurred in the presence of two other witnesses, the “found dead” presumption was inapplicable. Heart attack cases, although considered peculiarly difficult problems in compensation law, require proof of a causal connection between the attack and the work activity as well as evidence that the physical exertion or stress exceeded the ordinary wear and tear of life. In order to overcome the presumption of causal connection not only must the cause of death be explained, but the work activities of the decedent must also be fully developed to show that such activities did not cause or contribute to the heart attack. The Commission relied upon Oscar’s work activities the day of his death, expert testimony, Oscar’s medical history and the autopsy report in concluding that Oscar died at work but not because of work. The Commission found that the proof offered to support Harbin’s claim failed to support a finding that his death was work-related. There is substantial evidence in the record to support this determination.


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