Atlantic Marine, Inc. v. Bruce
Opinion of the Court
Petitioners seek reversal of a decision of the Benefits Review Board awarding Bruce benefits under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq.
In 1973 claimant Bruce fell from a scaffold at work and injured his back. He underwent a myelogram
Petitioners’ primary contention is that the AU erred in giving more weight to Doctors Hicks and Rahaim, who testified in Bruce’s favor, than to Doctors Lohrbauer and Chinoy, who testified against Bruce.
We also reject petitioners’ suggestion that we should review the relative weight assigned by the ALJ to the physicians’ testimony.
Moreover, even if we were to hold that Doctors Lohrbauer and Chinoy should have been given more credence, it is permissible to “reach conclusions contrary to the weight of the medical testimony” by relying on the “ ‘common sense of the situation.’ ” Todd Shipyards Corp. v. Donovan, 300 F.2d 741, 742 (5th Cir. 1962) (strenuous work caused heart attack, even though the only medical testimony failed to support conclusion). Accord, Diamond Drilling Co. v. Marshall, 577 F.2d 1003, 1006-07 (5th Cir. 1978). The ALJ in fact did not base his decision only on the medical testimony but looked to the “force of events” as well. He reasoned that “[a] placing of the factual circumstances in perspective here provides a better framework for understanding than a mere weighing- of the medical record to ascertain where the greater strength lies.” The ALJ was impressed with the fact that Bruce had suffered severe continuing stress and anxiety over his unremitting back pain and over the prospect that he might never again lead a normal life. According to the ALJ these symptoms reached a “flash point” the morning of Bruce’s scheduled second myelogram and resulted in a heart attack. We conclude that based on the record as a whole, including this sequence of events, the Board was correct in finding that there was substantial evidence supporting the ALJ’s decision to accept the testimony of Doctors Hicks and Rahaim and reject that of Doctors Lohrbauer and Chinoy.
Petitioners also contend that even if there is some link between Bruce’s back
Although there is a superficial semantic logic to this argument we do not read our statement in Bosarge as applying to the facts of this case.
AFFIRMED.
. A painful diagnostic procedure involving injection of a radiopaque dye into the spinal region.
. Dr. Hicks, whose qualifications are discussed in text, testified that Bruce’s mental condition was “a significant factor in the production” of his heart attack. He characterized Bruce’s
Dr. Lohrbauer, Bruce’s cardiologist, reported rather broadly that Bruce’s “heart attack was [not] directly related to [his back injury].” Dr. Chinoy, an internist who had examined Bruce’s medical records, said that he doubted the medical theories holding that stress can cause heart attacks and also stated that Bruce’s “problem related to [his] back would have no specific bearing on [his] subsequent heart attack.” Both of these doctors admitted though that stress might have played some role in Bruce’s heart attack.
. We do note, however, that because the medical issue reached two areas of specialization, it is reasonable to find Dr. Hicks no less qualified than Dr. Lohrbauer, Bruce’s treating cardiologist, who was not trained in psychiatry.
. In Bosarge the claimant suffered one job-related heart attack, recovered, took a new job, and then suffered a second attack. The issue was whether the second attack was related to the first job. We held that it was, absent evidence of an independent cause.
. We note that there is some tension between the standard used in Bosarge and that used in prior Fifth Circuit precedent. Whereas Bosarge appears to require only a simple “worsening” to give rise to a supervening cause, in Voris v. Texas Employers Ins. Assoc., 190 F.2d 929, 934 (5th Cir. 1951), we looked for “overpowering” and “nullifying” effects.
. See Southern Stevedoring, 175 F.2d at 865 (more liberal than “proximate cause” in tort law); 33 U.S.C. § 902(2) (injury “arising out of and in the course of employment” is covered).
. The passage of time and occurrence of events after a first injury may raise more difficult factual questions concerning the compensability of second injuries, see, e. g., note 4 supra. This does not mean, however, that there is a different legal standard for the necessary degree of job relatedness of second injuries.
Reference
- Full Case Name
- ATLANTIC MARINE, INC. and Hartford Accident & Indemnity Company v. Julius BRUCE and Director, Office of Workers' Compensation Programs, U. S. Department of Labor (Freda Irene Bruce, Personal Representative of the Estate of Julius Bruce, Substituted in the Place and Stead of Julius Bruce, Deceased)
- Cited By
- 13 cases
- Status
- Published