(DOWNLOAD) "Margaret Helms v. Lynns" by Supreme Court of South Dakota # Book PDF Kindle ePub Free

July 25, 2021

eBook details

Title: Margaret Helms v. Lynns
Author : Supreme Court of South Dakota
Release Date : January 24, 1996
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

GILBERTSON, JusticeEmployer Lynn's, Inc. and its insurer appeal from the circuit court's reversal of the Department of Labor's determination that Employee Helms' heart attack was not caused by his employment. We reverse the circuit court and reinstate the Department of Labor's denial of worker's compensation benefits to Helms' widow, the claimant in this action. FACTS AND PROCEDURE Bruce Helms was a former employee and manager of Lynn's Super Valu in Faith and Eagle Butte, South Dakota, having worked for Lynn's, Inc. for twenty-five years. He was 70 years old at the date of his death, and was retired and drawing Social Security. To supplement his income, he worked at Lynn's in Faith part-time unloading groceries from the delivery truck. On January 23, 1992, Helms arrived at Lynn's at 3:46 a.m. and spent one and one-half to two hours unloading the delivery truck. The truck driver testified he delivered 350 crates of food that morning, totalling 7,000 pounds. Tracy Veit, a high school student, assisted Helms that day. Veit carted the boxes of food out to the store shelves for display and, in fact, unloaded about one-third of the boxes from the truck. Both Veit and the delivery truck driver testified that Helms was his usual, cheerful self that morning and did not complain or appear to be sick. Veit testified Helms, who was a lifelong smoker, smoked cigarettes and drank coffee during a break. Helms left Lynn's at 6:40 a.m. but did not arrive home until later in the morning, sometime between 10:00 and 11:00 a.m. Once home, Helms appeared pale and complained of nausea to his wife but when asked if he hurt anywhere, said no. Helms told his daughter the same thing when she asked. Helms laid down for awhile but when his condition did not improve, his wife drove him to a clinic 96 miles away in Hettinger, North Dakota. At the clinic, Helms was seen by Dr. Terrence Mack, a family practitioner. Helms had phoned Dr. Mack in the morning prior to leaving Faith and informed the doctor his heart was beating 120 beats per minute and that he had been having trouble with chest discomfort. When Helms saw Dr. Mack at the clinic, he was not having any chest pain but informed the doctor he had had chest pain on days previous to January 23 brought on by physical exertion such as working and walking to work, especially on cold days. This pain was relieved by rest. Dr. Mack noted no sign of distress at this visit and performed an EKG which showed signs of Helms' 1986 heart attack but no changes from his last EKG. Dr. Mack prescribed medication Helms had been on previously for his heart but which he had stopped taking and a prescription for nitroglycerin if Helms had any further chest pain. Helms and his wife then returned home after having the prescriptions filled. Helms' wife testified they returned home around 3:00 p.m. Helms stated he felt fine and ate some bread pudding. At 4:00 p.m. he had chest pain, sweating, and dizziness. Helms took two aspirin and his nitroglycerin prescription and laid down to rest. He ate supper at about 9:00 p.m. and thereafter complained of chest pain, sweating and faintness. He told his wife he had pain in his shoulders and the backs of his arms. Helms' wife drove him back to Hettinger, this time to the hospital's emergency room since the clinic was now closed. An EKG was performed at the hospital at approximately 11:00 p.m. At 11:10 p.m., a CPK MB test was administered which measured cardiac enzymes released into Helms' bloodstream and which can be used to time a heart attack. 1 Helms was diagnosed as having a heart attack and, because he had also developed massive gastrointestinal bleeding, was flown to Bismarck, North Dakota where both the heart specialist and the equipment he now needed were located.