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Wilson v. Good Will Publishers11/13/2003
he findings of the commissioner are treated like jury verdicts, and we construe them broadly to uphold the commissioner's decision. Id.
Although a claimant must establish both legal and medical causation, we limit our discussion to the legal-causation issue because the claimant's failure to establish that element determines the outcome. Legal causation may be shown when (1) heavy exertions ordinarily required by the job are superimposed on a defective heart, aggravating or accelerating the previous condition; (2) unusually strenuous employment exertion is superimposed on a pre-existing diseased condition; or (3) damage results from continued exertion required by the employment after the onset of the heart attack symptoms. Sondag, 220 N.W.2d at 905-06.
While Wilson relied in his initial claim on all three bases of legal causation under Sondag, his judicial review petition and this appeal are limited to the third: continued exertion required by his employment after the onset of symptoms. Specifically, he relies on this language from Sondag:
"The most obvious relevance of this [third] element (continuing exertion after symptoms) is in showing causal connection between the obligations of the employment and the final injury; for if the workman, for some reason, feels impelled to continue with his duties when, but for these duties, he could and would have gone somewhere to lie down at once, the causal contribution of the employment to the aggravation of the condition is clear."
220 N.W.2d at 906 (emphasis added) (quoting 1A Arthur Larson, Larson's Workmen's Compensation Law ยง 38.64(c), at 7-145). In Riley, 532 N.W.2d at 493, we described this motivation as being "driven to work." Wilson contends he was impelled to continue traveling in order to reach his destination in Dexter to continue training Good Will's new representative. This objective, according to Wilson, was so important it was his primary focus, motivated by this language in Good Will's training manual:
ABOVE ALL... REMEMBER!
During your new reps first four (4) weeks of his training, he and his family must be the most important thing in our life.
You have a responsibility to this newest member of the Good Will Family. He and his entire family will be looking to you to teach and lead them to a successful future.
DON'T LET THEM DOWN!
Wilson stated that he continued driving to Dexter to meet his trainee because ou have a schedule. The training manual tells you that these people are more important than your own family. You have a sense of obligation, a sense of urgency. It's almost like putting a guilt trip on you, and I took the situation at hand, I followed the company procedure....
Wilson agreed, however, that he did not feel that he would have lost his job or been disciplined if he stopped to seek medical attention.
The commissioner rejected Wilson's "impelled to continue" argument:
Contrary to claimant's contentions, there is no evidence in the record to support a finding that defendant employer required claimant to continue working after his initial symptoms began. The claimant was free to seek medical attention whenever he felt ill. Claimant was not under orders to continue working after his symptoms began....
....
The evidence does not support a conclusion that the claimant was required to keep working. There is no doubt that the claimant is a conscientious worker who wanted to do the best by defendant employer. However, that in and of itself does not establish that the employer demanded or expected claimant to continue working when experiencing a medical condition
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