A & P Transportation v. Warren

Blackburn, Judge,

concurring specially.

I disagree that there exists any causal connection, for workers’ compensation purposes, between Warren’s heart injury and his lifestyle by which he increased his risk of developing heart disease. However, the record contains evidence that supports a finding that the conditions of his employment contributed to or aggravated his heart injury, thus rendering the heart injury compensable in this case.

“It is well recognized in ‘heart attack’ cases that it is often difficult for the trier of fact to find the line between a noncompensable heart injury that is a symptom of an existing disease merely manifested during job exertion, and a compensable heart injury to which the job exertion was a contributing precipitating factor. [Cit.]” Guye v. Home Indem. Co., 241 Ga. 213, 215 (244 SE2d 864) (1978).

In the instant case, Warren testified that he continued driving the truck after he developed chest pain, because he wanted to deliver his load. Further, at one point he called the company dispatcher and informed him of his chest pain, and was instructed to keep driving the truck until he reached a certain destination where another driver would complete the job. The record contains medical evidence that Warren’s heart attack actually commenced several days prior to his collapse, when he first developed the chest pain, and that if Warren had received medical treatment then, the severity of the heart attack and damage to his heart could have been lessened. This evidence authorized a finding that Warren’s employment contributed to his heart injury.

In workers’ compensation cases, this court is not authorized to disturb the Board’s award where there is any evidence to support it. Inasmuch as there is evidence to support the award in this case, we must affirm the superior court’s affirmance of the Board’s award.