E-5370. Mattson v. C.E. Bradley Laboratories.

• Case Date: November 02, 1995
• Court: Vermont

Vermont Workers Compensation 1995. E-5370. Mattson v. C.E. Bradley Laboratories November 2, 1995State File No. E-5370By: Sheldon A. Keitel Hearing Officer For: Mary S. HooperCommissioner Opinion #52-95WC MARVIN MATTSON v. C. E. BRADLEY LABORATORIESHeard in Montpelier, Vermont on May 25, 1995 Record closed June 15, 1995 APPEARANCES Michael J. Hertz, Esq. for the claimant William A. O'Rourke, III, Esq. for the defendant ISSUE Did claimant's heart attack of September 10, 1991 arise out of and in the course of employment? THE CLAIM 1. Temporary total disability compensation under 21 V.S.A. §642 beginning September 11, 1991. 2. Medical and hospital costs under 21 V.S.A. §640. 3. Attorney's fees and costs. FINDINGS 1. The following documents were admitted into evidence without objection: Joint Exhibit 1 Medical records Joint Exhibit 2 Driver's Daily Log for September 1991 Joint Exhibit 3 Deposition transcript (Tepfer, 2/17/94) 2. Judicial notice was taken of the following documents in the Department's file relating to this matter: Form 1 Employer's First Report of Injury Form 6 Notice and Application for Hearing 3. The claimant, Marvin Mattson, was employed by defendant C.E. Bradley Laboratories, Inc. of No. Brattleboro, Vermont, and the defendant was an employer within the meaning of the Workers' Compensation Act at all times relevant to this claim. CIGNA was the workers' compensation insurance carrier for the employer. 4. Claimant's date of birth was August 28, 1937. Claimant currently resides at 53 Westgate, Brattleboro, Vermont 05301. 5. Claimant has worked for C.E. Bradley Laboratories for more than 30 years in various capacities. The employer manufactures paints, lacquers, stains, sealers, and related products. Claimant has worked as a mill operator, warehouseman, and for about the past five years as a truck driver/deliveryman. 6. Claimant's duties typically included rising very early to make deliveries throughout New England and New York and returning the same day. Claimant unloaded 50 gallon drums of the employer's various liquid products (estimated to weigh between 300 and 600 pounds) with the aid of a hand dolly and reloaded customers' empties (approximately 50 pounds each) back into his truck. 7. On the date in question claimant was at his employer's premises by 4:15 a.m. and on the road by 4:45. Claimant made two brief stops in New Hampshire before arriving in Fremont, NH (7:45-8:15 a.m.) where claimant had to move large rocks placed in the driveway as a makeshift barrier in addition to the loading and unloading. The next stop (8:45 a.m.) was in Amesbury, Massachusetts, where claimant experienced what he described as unusually heavy, excessive perspiration given the nature of his activities and weather conditions (although no other unusual ill effects were noted). The episode of heavy sweating had completely cleared by the time of his next stop only a few minutes later (roughly 9 a.m.) at Amesbury Chair. 8. The loading dock at Amesbury Chair is partially enclosed and was dark on the morning in question, conditions which largely obscured claimant's view as he attempted to back his truck up to the loading dock. Before coming to a complete stop and before reaching the point where claimant felt he should be to unload, claimant heard a scraping noise and realized...