Delaplaine Farm Center v. Crafton

382 S.W.3d 689, 2011 Ark. App. 202, 2011 Ark. App. LEXIS 204
CourtCourt of Appeals of Arkansas
DecidedMarch 9, 2011
DocketNo. CA 10-994
StatusPublished
Cited by8 cases

This text of 382 S.W.3d 689 (Delaplaine Farm Center v. Crafton) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delaplaine Farm Center v. Crafton, 382 S.W.3d 689, 2011 Ark. App. 202, 2011 Ark. App. LEXIS 204 (Ark. Ct. App. 2011).

Opinion

RAYMOND R. ABRAMSON, Judge.

|! Delaplaine Farm Center (Delaplaine) appeals from an order of the Arkansas Workers’ Compensation Commission awarding benefits to Ralph Crafton. The Commission found that Crafton had suffered a compensable, unexplained fall from the cab of an auger truck, resulting in broken ribs and a crushed vertebrae. De-laplaine disagrees with the Commission’s conclusion, contending that Crafton’s injuries were caused by an idiopathic event— acute renal failure — and, as such, his injuries were completely unrelated to his work and not compensable. Because there is substantial evidence to support the Commission’s finding of a compensable injury, we affirm.

On June 26, 2009, Ralph Crafton was sitting in the cab of his auger truck awaiting the return of a loader truck so he could fill it with fertilizer. When he saw the loader truck return, he stood up to get out of the cab. Crafton’s next recollection was of walking to the 12back of the truck, turning on the auger, and falling to his knees. He did not remember falling from the truck.

Crafton was airlifted to a hospital in Memphis. Upon examination, it was discovered that he had sustained fractures to his back and ribs. His lab results indicated that his creatinine levels were extremely high, indicating acute renal insufficiency. While his initial medical reports indicated a history of chronic renal disease, Crafton’s primary care physician denied he suffered from any such condition. Later medical records indicated that, as his creatinine levels had eventually normalized, Crafton had actually suffered from acute, rather than chronic, renal insufficiency.

Crafton subsequently filed a claim for benefits, which Delaplaine controverted. A hearing was held before the administrative law judge (ALJ) on February 5, 2010.

At the hearing, Crafton testified that he was working for Delaplaine on June 26, 2009, when he apparently fell out of the cab of his truck. He claimed that he remembered standing up to get out of the truck, but had no recollection of actually getting out of the truck or of falling. The next thing he remembered was walking around the back of the truck. He did not realize he had fallen until he saw gravel marks on his hand when he turned the wheel to open the hoppers at the back of the truck. When he turned the wheel, he fell to his knees because of the pain in his back.

Crafton admitted that he used alcohol on occasion, that he had been fired from previous jobs for drinking or being intoxicated, and that he • would occasionally buy vodka on |ahis way home from work; yet he denied any alcohol use on the date in question. He stated that the accident occurred on a Friday at the end of a long and tiring week and that he was generally working thirteen to fourteen hour days. He stated that the temperature on the day of the accident was in the nineties but that he was sitting in the shaded portion of the cab. Crafton stated that he was drinking water and Gatorade and denied feeling dehydrated. While he had previously been diagnosed with high blood pressure and was on medication for that condition, medical reports indicate that he was hypoten-sive after the accident. Crafton also admitted having dizzy spells on occasion, but denied ever passing out or losing time.

Teresa Ann Prince testified that she observed Crafton prior to his accident. She stated that he was a “really white, grayish, pallid color with bluish around his lips” and that he did not look like he felt well. She had previously worked in a hospital and as an EMT and was concerned for him. She told him to get some wet towels, but he assured her that he was okay. She testified that abnormally high creatinine levels can be caused by several things and that alcoholism could be a factor.

Dr. Greenman, an internal medicine specialist, reviewed Crafton’s medical records. Dr. Greenman opined:

There is little doubt that he had acute renal failure. The available record does not support a diagnosis of chronic renal failure. What is the question is the mechanism of his acute renal failure. Although renal consultant comments that the diagnosis is acute renal failure due to rhabdomyolysis, no record of myoglovin levels is present. However, the CPK was very high at 1032, supporting this diagnosis. Presuming normal pre-existing renal function, acute renal failure by any mechanism would require 3-4 days for the creatinine to climb from 1.1 up to 7.8. This simply did not happen within a few hours or even a whole day.
l4If, in fact, there is documentation that the injury occurred immediately prior to admission to the hospital, then there had to have been an incident or circumstance which occurred in the time frame of 3-4 days before the report of injury which was actually the underlying cause of the renal failure.
In my opinion, there must be a part of the story that has not been told. It is interesting that he has a prior history of alcohol abuse. It is not uncommon to see rhabdomyolysis with renal failure following alcohol induced unconsciousness.

Dr. Troxel, Crafton’s primary care physician and a relative of Crafton, provided the following opinion on August 19, 2009:

Ralph Crafton has been a patient of mine for over 10 years, and has been in my family for 38 years. He has contacted me because of concerns over a Workers’ Compensation claim that an accident that occurred in June of 2009 was due to a pre-existing condition with his kidneys. His lab findings from September 3, 2009 showed a BUN of 15 and a serum creatinine of 1.1. In all my years of providing him care, prior to his injury he never had any evidence of renal disease. He does have a history of well controlled hypertension, which certainly can cause renal impairment over time, but his pressures were always noted acceptable and his compliance with medical treatment was always outstanding. Certainly a fall with a resultant fracture in an otherwise healthy man is not related to any pre-existing condition.
Mr. Crafton suffered a fall on 6/26/09 which resulted in a T4 vertebral body fracture with associated rib and pedicle fractures. As a result of the fall and associated muscle injury, Mr. Crafton’s creatinine rose to a level of 7.8 indicating a NEW CONDITION, Rhabdomyo-lysis, unrelated to any previous conditions. Mr. Crafton was monitored closely and hydrated, which resulted in the creatinine levels returning to normal and underwent spinal surgery on 7/6/09. He did well with surgery, and continues to do well after surgery with continued acceptable renal function.
None of the events from this injury are related to a hypothesized pre-existing renal condition. This injury resulted in muscle damage which resulted in renal impairment which was treated with hydration and time and resulted in return of normal renal function.

15After reviewing additional information provided by Dr. Troxel, Dr. Greenman gave the following opinion:

I have reviewed the additional information provided by Dr. Troxel. There is no evidence to support anything other than acute renal insufficiency. Rhabdomyolysis is an acute or subacute condition which can be caused by trauma but is usually related to prolonged pressure on muscle tissue such as occurs when unconscious or otherwise immobilized.

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Bluebook (online)
382 S.W.3d 689, 2011 Ark. App. 202, 2011 Ark. App. LEXIS 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delaplaine-farm-center-v-crafton-arkctapp-2011.