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Rebsamen West v. Bailey
Citations: 239 Ark. 1100; 396 S.W.2d 822; 1965 Ark. LEXIS 1149Docket: 5-3716
Court: Supreme Court of Arkansas; December 13, 1965; Arkansas; State Supreme Court
Claim for death benefits under workmen’s compensation law was filed following the fatal heart attack of Luther D. Bailey, who died on March 16, 1963, while working as an automobile salesman. The key issue was whether Bailey's work contributed to the heart attack. The Commission determined that a causal connection existed, awarding benefits to Bailey's widow, a decision later affirmed by the circuit court. Bailey had a history of heart trouble identified by his personal physician, Dr. Wassell, in 1959, who recommended Bailey quit work and rest, advice which Bailey refused due to financial constraints. This recommendation was reiterated until three days prior to his death. Both Dr. Wassell and Dr. O’Neal testified that Bailey’s work exacerbated his heart condition and that there was a direct link between his employment and his death. They posited that Bailey would likely have lived longer had he followed medical advice. The precedent set in Bryant Stave Co. v. White established that a heart attack does not need to be triggered by unusual exertion to be compensable under workmen’s compensation law. The Commission's findings and the medical testimonies were deemed sufficient to support the award of benefits. The decision was affirmed.