Smith v. Workmen's Compensation Appeals Board

Otis S. Smith died at the age of 45 on November 24, 1967, as the result of congestive heart failure. The Workmen’s Compensation Appeals Board (hereinafter the board) determined that his injury did not arise out of his employment and that therefore his widow was not entitled to death benefits. She contends in this proceeding that the board erred in its determination because the evidence before it compels the conclusion that Smith’s heart disease was aggravated by his work.

From October 16, 1957, until July 15, 1964, Smith was actively employed as a tree laborer. This work required him to operate a chain saw and to lift logs weighing up to 90 pounds. The work was very strenuous and was classified by his employer as ‘ ‘ arduous. ’ ’

In 1962 Smith contracted pneumonia, for which he was hospitalized. At that time he showed no evidence of heart disease. He was admitted to the hospital again on March 5, 1964, at which time the diagnosis was organic heart disease with congestive heart failure and chronic alcoholism. Smith returned to work after his discharge from the' hospital and, in early July of 1964, injured a toe while a.t work. The toe was ultimately amputated, and he was…