In Wagner v Herbert Yeargin Construction, 145 S.W.3d 511 (Mo.App.S.D. 2004), wife of deceased claimant appealed decision of Commission affirming denial of benefits. The claimant was a carpenter and was found dead at work. The employee was found to have died from natural causes, with the cause of death, cardiac arrest. The employee had a history of heart disease in his family, a doctor had noticed that he had an irregular heart beat and he looked tired and complained of arm pain at least 6 months before his death. The wife argued that given the circumstances of the case, the employee was found dead on the job performing his duties, the “found dead” presumption applies. The Court found that to permit recovery under the “found dead” presumption, “the element of accident must plainly appear or be readily inferable from the surrounding circumstances.” In this case, the presumption was not applicable because the evidence did not support a finding that employee’s work was a substantial factor or a triggering factor in causing employee’s heart attack.
In Aldridge v Southern Missouri Gas Co., No. 25894, 2004 WL 835080 (Mo.App. S.D. 2004), the employer/insurer appealed the award of the Commission which reversed the ALJ’s decision of denying claimant’s workers’ compensation claim. Here, the 63 year old construction employee had suffered a myocardial infarction and subsequent stroke which he claimed was a work-related injury. The ALJ found that the employer’s doctor’s opinion, who stated this heart attack was not work related, was more convincing than the employee’s doctor. The Commission reversed stating that the ALJ award was not supported by competent and substantial evidence. Employer argued that claimant had pre-existing heart disease and other risk factors. Claimant’s pre-existing heart disease was the cause of the blood clots which in turn caused the heart attack. The Court held that evidence supported the Commission’s decision. The employee’s doctor testified that it was the heart working harder and faster that eventually caused claimant’s heart attack, claimant had no cardiac symptoms prior to date he suffered stroke during course of employment, and claimant’s work duties were a substantial factor in causing the heart attack.
In Reyes v Mar-Kay Plastics, Inc., 2002 WL 1837829 (Mo. App. W.D. 2002) the employee had strong emotional reaction to watching his wife’s (co-employees) job be terminated. He got into a violent argument, but then returned to work, after returnin