Dye v. Shippers Freight Lines

454 S.E.2d 845, 118 N.C. App. 280, 1995 N.C. App. LEXIS 170
CourtCourt of Appeals of North Carolina
DecidedMarch 21, 1995
Docket9410IC431
StatusPublished
Cited by9 cases

This text of 454 S.E.2d 845 (Dye v. Shippers Freight Lines) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dye v. Shippers Freight Lines, 454 S.E.2d 845, 118 N.C. App. 280, 1995 N.C. App. LEXIS 170 (N.C. Ct. App. 1995).

Opinion

WALKER, Judge.

Plaintiff was employed as a truck driver for defendant. On 30 April 1985, while driving his route, plaintiff suffered a heart attack. Plaintiff filed a workers’ compensation claim, alleging that the disabling condition caused by the heart attack was the result of an accident or occupational disease caused by “stress, equipment, and long hours.”

Plaintiffs claim was heard before a deputy commissioner on 25 October 1988. At the hearing, plaintiff contended that his heart attack was brought on by long work hours, a rough ride caused by his nearly empty truck, equipment failure which caused the inside temperature of his truck on 30 April 1985 to be some 40 degrees hotter than the outside temperature of 70 degrees, and prior stress related to his job conditions.

The deputy commissioner found that plaintiffs testimony, if believed, “would tend to establish either an interruption of plaintiffs normal work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences contributing to his [heart attack] ... or the contribution of other prior stress from his employment to the same condition.” However, the deputy commissioner did not accept plaintiffs testimony as credible and concluded, based on its findings of fact, that plaintiffs disabling condition was *282 the result of a pre-existing significant coronary artery disease he suffered independent of his employment rather than the result of an injury by accident arising out of and in the course of his employment or the result of an occupational disease.

Plaintiff appealed to the Full Commission, which affirmed the deputy commissioner’s denial of plaintiff’s claims by Opinion and Award entered 29 December 1993. The Industrial Commission adopted the deputy commissioner’s findings and conclusions with some revisions.

Review on appeal from an Opinion and Award of the Industrial Commission is limited to a determination of whether the Commission’s findings are supported by the evidence and whether the findings support the Commission’s conclusions. Cody v. Snider Lumber Co., 328 N.C. 67, 70, 399 S.E.2d 104, 105-106 (1991).

To be compensable under the Workers’ Compensation Act, an injury must result from an “accident arising out of and in the course of employment.” N.C. Gen. Stat. 97-2 (6) (1994). “ ‘In deciding whether there was an accident, the only question on appeal is. whether there was “an unlooked for and untoward event [which is not expected or designed by the injured employee]” or “the interruption of the routine work and the introduction thereby of unusual conditions.’ ” Sanderson v. Northeast Construction Co., 77 N.C. App. 117, 121, 334 S.E.2d 392, 394 (1985) (citation omitted). Thus, a heart attack does not arise by accident out of and in the course of employment if it occurs when one is carrying on his usual work in the usual way. Jackson v. Highway Comm’n, 272 N.C. 697, 701, 158 S.E.2d 865 (1968). See also Lewter v. Enterprises, Inc., 240 N.C. 399, 82 S.E.2d 410 (1954) (heart attack ordinarily does not result from an injury by accident arising out of or in the course of employment unless it results from an unusual or extraordinary exertion incident to the employment).

“ ‘New conditions of employment to which an employee is introduced and expected to perform regularly do not become a part of an employee’s work routine until . . . the employee has gained proficiency performing in the new employment and becomes accustomed to the conditions it entails.’ ” Church v. Baxter Travenol Laboratories, 104 N.C. App. 411, 414, 409 S.E.2d 715, 716 (1991) (citation omitted). However, “once an activity, even a strenuous or otherwise unusual activity, becomes a part of the employee’s normal work routine, an injury caused by such activity is not the result of an inter *283 ruption of the work routine or otherwise an ‘injury by accident.’ ” Bowles v. CTS of Asheville, Inc., 77 N.C. App. 547, 550, 335 S.E.2d 502, 504 (1985).

An accidental injury “arises out of’ the employment where a contributing proximate cause of the injury was a risk inherent or incidental to the employment and one to which the employee would not have been equally exposed apart from the employment. Fortner v. J.K. Holding Co., 83 N.C. App. 101, 103-104, 349 S.E.2d 296, 298 (1986), affirmed, 319 N.C. 640, 357 S.E.2d 167 (1987).

The Commission found as fact that plaintiff, who had been a truck driver for 26 years, was accustomed to driving both empty and full vehicles over all types of roads and road conditions and to driving long hours in violation of the appropriate DOT regulations. The Commission further found that: (1) plaintiff did not experience an interruption of his normal work on 30 April 1985 by driving his nearly empty vehicle on his assigned route, (2) plaintiff’s heart attack was “neither due to an interruption of his normal work routine . . . nor to any abnormal stress at work, but was instead due to the pre-existing significant coronary artery disease he suffered, which was the result of his smoking habit, his diet, and other factors,” and (3) “the normal stress that plaintiff had in his work as a truck driver did not place him at any more risk of stress-related coronary artery disease and resulting myocardial infarction therefrom than members of the general public and there is no credible evidence that plaintiff experienced any unusual or abnormal stresses in his work that contributed to his disabling myocardial infarction.”

The Commission further found and concluded that although plaintiff’s testimony, if believed, would tend to establish either that his disabling heart condition was a result of a compensable injury by accident or occupational disease, it was not credible because: (1) the deputy commissioner did not consider plaintiff’s demeanor at the hearing to be credible, (2) the deputy commissioner found that the alleged working conditions would absolutely preclude anyone from working under them, (3) defendant-employer had accommodated plaintiff’s complaints about his working conditions on at least two occasions, and (4) when previously asked by the insurance adjuster handling his claim, plaintiff denied that he had over exerted himself and denied any exceptional problems with his equipment.

The above findings support the Commission’s conclusion that plaintiff did not sustain an injury by accident. The Commission’s find *284

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Bluebook (online)
454 S.E.2d 845, 118 N.C. App. 280, 1995 N.C. App. LEXIS 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dye-v-shippers-freight-lines-ncctapp-1995.