Eddie's Service Center v. Donna Thomas Administratrix of the Estate of Eddie Ray Thomas, Jr.

503 S.W.3d 881, 2016 Ky. LEXIS 568, 2016 WL 7655709
CourtKentucky Supreme Court
DecidedDecember 15, 2016
Docket2015-SC-000676-WC
StatusUnknown
Cited by12 cases

This text of 503 S.W.3d 881 (Eddie's Service Center v. Donna Thomas Administratrix of the Estate of Eddie Ray Thomas, Jr.) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eddie's Service Center v. Donna Thomas Administratrix of the Estate of Eddie Ray Thomas, Jr., 503 S.W.3d 881, 2016 Ky. LEXIS 568, 2016 WL 7655709 (Ky. 2016).

Opinions

OPINION OF THE COURT BY

JUSTICE KELLER

' An Administrative Law Judge (ALJ) dismissed the claim for workers’ compensation benefits filed by the Estate of Eddie Ray Thomas, Jr. (the Estate). The Workers’ Compensation Board (the Board) affirmed the ALJ’s dismissal. The Court of Appeals reversed the Board and remanded this matter to the ALJ with instructions to award benefits. For the reasons set forth below, we affirm the Court of Appeals.

I. BACKGROUND.

On January 21, 2010, Eddie Ray Thomas, Jr. (Eddie) died while attempting to tow a truck from a roadside culvert. Because Eddie is deceased, the underlying facts, which are not in dispute, come from testimony by Eddie’s widow, Donna Thomas (Donna), and Samuel Bailey (Bailey), who was with Eddie when he died.

Donna testified that Eddie’s Service Center (the Service Center) was an automobile service center and gas station owned by Eddie’s father, Eddie Ray Thomas, Sr. Eddie had worked in his father’s business for 30 years, spending the last 20 years as the manager. In addition to the service center/gas station, the business operated a towing service, and Eddie was “on-call” 24 hours a day.

On January 20, 2010, a representative from the Environmental Protection Agency1 (EPA) advised Eddie that the gas tanks were leaking and would be removed the next day. According to Donna, Eddie was upset and, on January 21, when the tanks were being removed, he was inconsolable. Donna testified that Eddie feared the business would have to close if it could not sell gas, which meant he would lose his livelihood and his father’s business. When Donna visited the Service Center the afternoon of January. 21, Eddie was extremely anxious and agitated and could not stop pacing. That evening, Eddie was too upset to eat, appeared flushed, was sweating, and continued to pace until nearly 9:00 p.m. When it appeared Eddie had .finally calmed down, he received a phone call from the Kentucky State Police asking him to tow a vehicle that had gone off the road. Donna did not hear from Eddie again and did not know anything about what transpired after Eddie left the house.

According to Donna, who is an LPN, Eddie had a history of high blood pressure, for which he took medication, and which she monitored. However, Donna testified that Eddie had never received any specific cardiac diagnostic testing or treatment and also testified that both of Eddie’s parents had a history of treatment for heart conditions, including stent implanta-tions.

The only evidence- of what occurred in the hour before Eddie’s1 death came from Bailey. According to Bailey, his son called and reported that he had been forced off the road and that his truck was in a ditch. When Bailey arrived at the scene, Eddie [883]*883was there with a tow truck as was a Kentucky State Police officer. The son’s truck was in a culvert, and the top of the truck was approximately four feet below - the road. Eddie told Bailey that it would probably be difficult to get the truck out of the culvert without doing significant, damage. However, Eddie made several attempts to do so, climbing up and down the embankment of the culvert and under the truck four times in order to re-position the tow chain. Bailey went up and down the bank with Eddie three times to help him arid described the work as strenuous, noting that they had to dig their feet into the side of the embankment to get any footing. After the last trip up and down the embankment, both Eddie and Bailéy were breathing hard and it took approximately five minutes for their breathing to return to normal."

Eddie told Bailey that he would need a bigger tow truck and went to his truck to call his father. The police officer, who had received another call, then left the scene. After making his call, Eddie and. Bailey directed traffic for a few minutes until Eddie began complaining of heartburn. Eddie then returned, to his tow truck to call his father to see when the other tow truck would arrive. Approximately five minutes later, Bailey saw Eddie get out of the truck, heard him make a noise, and saw him grab his chest, lean against the truck, and collapse. Bailey, who believed Eddie had suffered a heart attack, began performing CPR and told his son to call for assistance. When emergency personnel arrived they continued performing CPR and transported Eddie to the hospital, where he died.

The parties filed a number of medical records and reports. Records from More-head Clinic indicate that Eddie was diagnosed with gastroesophageal reflux disease (GERD) in 1998 and with high blood pressure in 2002. Eddie’s physicians prescribed medications to treat those conditions. In 2007, Eddie complained that he was “very anxious,” and “so nervous he vomits nearly daily.” He noted that he had suffered from this anxiety for nearly 30 years and that taking one-fourth of a 5 mg. Valium seemed to help. The physician prescribed that dosage of Valium along with his high blood pressure and GERD medications. We note that it is unclear from these records when Eddie initially began taking Valium and who prescribed it. Furthermore, we note that the records generally indicate that Eddie’s blood pressure was under control; however, the last note on December 10, 2009, shows an elevated blood pressure reading.2

Eddie filed two reports from Dr. Rodney Handshoe. In his first report, Dr. Handshoe noted. Eddie’s history of high blood pressure and that no autopsy had been performed. He then stated that “[s]udden cardiac death is iriost commonly caused by a ventricular tachyarrhythmia induced by ischemia or myocardial infarction.” He noted that there could be other causes but that Eddie’s commercial driver’s license examination from 2008 showed no evidence of cardiovascular disease. Finally, he stated that “current medical knowledge would suggest that intense physical stress and emotional stress can indeed precipitate a cardiovascular event such as sudden cardiac death in those individuals with - underlying cardiac disease. The events surrounding Mr. Thomas’s death could have played a role in this regard.”

[884]*884Following Bailey’s deposition, the Estate filed a supplemental report from Dr. Handshoe. Based on his reading of the transcript of Bailey’s deposition, Dr. Hand-shoe noted that Eddie had “chest pain followed quickly by sudden death after a prolonged period of very intense physical activity associated with trying to extricate a wrecked vehicle.” According to Dr. Handshoe, these symptoms are “typical for an acute myocardial infarction” which most commonly occurs “when there is a rupture of a preexisting atherosclerotic plaque resulting in formation of a blood clot that completely occludes an artery.” The resultant “lack of blood flow to the heart muscle causes cardiac injury and can precipitate life threatening heart rhythm disturbances that likely resulted in Mr. Thomas’s sudden death.” Dr. Handshoe concluded “that the physical exertion immediately preceding Mr. Thomas’s symptoms triggered plaque rupture and precipitated his heart attack and sudden death.”

The Service Center filed the report of Dr. Hal Roseman. Dr. Roseman summarized the deposition testimony of Donna and Bailey in detail. We note that Dr. Roseman’s summarization is somewhat at odds with Bailey’s testimony. Dr. Roseman states that Bailey testified he and Eddie “walked up and down the hill.” However, Báiley stated that it was a “straight up and down” embankment, not a hill, and that they had to “dig their feet” into the side of the embankment to climb it. Dr.

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503 S.W.3d 881, 2016 Ky. LEXIS 568, 2016 WL 7655709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eddies-service-center-v-donna-thomas-administratrix-of-the-estate-of-ky-2016.