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Stewart Warner, Datafax Corp. v. Ind. Com.

OPINION FILED JUNE 1, 1979.

STEWART WARNER, DATAFAX CORPORATION, APPELLANT,

v.

THE INDUSTRIAL COMMISSION ET AL. (LORETTA H. KOPCZYNSKI, APPELLEE).



Appeal from the Circuit Court of Cook County, the Hon. Arthur L. Dunne, Judge, presiding.

MR. CHIEF JUSTICE GOLDENHERSH DELIVERED THE OPINION OF THE COURT:

Rehearing denied September 28, 1979.

An arbitrator for the Industrial Commission found that on January 23, 1973, while employed by respondent, Stewart Warner, Datafax Corporation, Frank J. Kopczynski sustained accidental injuries arising out of and in the course of his employment which caused his death, and pursuant to section 7 of the Workmen's Compensation Act (Ill. Rev. Stat. 1973, ch. 48, par. 138.7) awarded compensation to his widow, petitioner Loretta H. Kopczynski. On review, without hearing additional testimony, the Industrial Commission found that petitioner had failed to prove that the decedent sustained accidental injuries arising out of and in the course of his employment and set aside the decision of the arbitrator. On certiorari the circuit court of Cook County reversed the decision of the Commission and ordered that the decision of the arbitrator be reinstated. Respondent appealed. Supreme Court Rule 302(a) (58 Ill.2d R. 302(a)).

On January 23, 1973, while at work, Frank Kopczynski died of a myocardial infarction. Kopczynski was 56 years old and for 14 years prior to his death had suffered from a diabetic condition. He was employed as a foreman of inspectors, which involved him in settling disputes between workers and foremen regarding the acceptability of piece parts manufactured by respondent. Kopczynski was paid a weekly salary plus time and a half for overtime.

Petitioner testified that on Friday evening, January 19, 1973, when Kopczynski returned from work, he was visibly upset. Over objection she stated that her husband told her that he had had a conversation with his boss, Joseph Kubik, that they had discussed his salary and that Kubik had told the decedent that he would be placed on a semimonthly rather than a weekly payroll. At that time, semimonthly employees were not paid overtime. That evening the deceased smoked quite a lot and drank large quantities of coffee. He had very little appetite and talked very little at the table. She testified that he was edgy throughout the entire evening and had difficulty sleeping that night.

She testified that on Saturday and Sunday her husband seemed very preoccupied and did not have much of an appetite. On January 22, the following Monday, when the deceased returned home he was again very upset because he had had a second conversation with Kubik which confirmed the fact that he would go on a semimonthly payroll by the end of January. Petitioner stated that the decedent smoked "an awful lot" that evening and drank 8 to 10 cups of coffee. On January 23, 1973, she prepared his breakfast, but he did not eat anything before leaving for work.

Dr. Nathaniel Greenberg, a physician with a specialty in internal medicine, in response to a hypothetical question based upon the events preceding the decedent's death, expressed the opinion that the emotional distress during the four days prior to the decedent's death caused the myocardial infarction which proved fatal. He stated that the aggravation to the heart was caused by the following four factors: (1) the decedent was 56 years old; (2) his weight was in excess of 200 pounds; (3) he had a condition known as diabetes mellitus; and (4) he was subjected to four days of emotional distress. On cross-examination Dr. Greenberg testified that the emotional stress to which he referred concerned the decedent's apprehension about the loss of earnings.

Joseph Kubik testified that he was a quality control man and was the deceased's immediate superior. Kubik had no recollection of a conversation with Kopczynski concerning his salary at any time within two or three days of Kopczynski's death, or at any time within three months of his death. He stated that he may have had a general discussion with a group of foremen concerning a change from a weekly to a semimonthly payroll, but said that he placed no pressure on Kopczynski regarding the payroll change. He testified that he considered Kopczynski a friend and that at no time did he argue with him.

During Kubik's testimony the following ensued:

"THE ARBITRATOR: Is there much stress and strain being a foreman of thirteen or fourteen inspectors?

THE WITNESS: We have eleven, twelve individual foremen or laboratory supervisors, scale him 1 to 12, I would think his particular job was somewhere, 5 or 6.

Q. As far as stress and strain is concerned?

A. Yes, moderate."

Edward J. Walsh, called by respondent, testified that for some time prior to his death, Kopczynski had worked 10 hours a day, five days each week, and eight hours on Saturday. He knew that the deceased had had a discussion with his superior concerning the manner in which he was to be paid. In response to the arbitrator's inquiry as to whether there was any pressure connected with the decedent's work, he replied, ...


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