Hill v. LDA Leasing, Inc.

374 S.W.3d 268, 2010 Ark. App. 271, 2010 Ark. App. LEXIS 279
CourtCourt of Appeals of Arkansas
DecidedMarch 31, 2010
DocketNo. CA 09-955
StatusPublished
Cited by9 cases

This text of 374 S.W.3d 268 (Hill v. LDA Leasing, Inc.) 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
Hill v. LDA Leasing, Inc., 374 S.W.3d 268, 2010 Ark. App. 271, 2010 Ark. App. LEXIS 279 (Ark. Ct. App. 2010).

Opinion

ROBERT J. GLADWIN, Judge.

11 This appeal follows the June 3, 2009 decision of the Workers’ Compensation Commission (Commission) affirming and adopting the December 29, 2008 opinion of the Administrative Law Judge (ALJ), finding that appellant George Hill failed to prove by a preponderance of the evidence that he sustained a compensable right-shoulder injury on November 8, 2007. The Commission found that appellant failed to prove by a preponderance of the evidence that his right-shoulder injury arose out of and in the course of his employment with appellee/employer LDA Leasing, Inc. (LDA). Appellant argues that the Commission erred in its interpretation and application of the law regarding the determination of whether he suffered a compensable injury during the course and scope of his employment. We affirm.

| ¡.Facts

Appellant was a truck driver for LDA on November 8, 2007. On that day he picked up a pre-loaded trailer of processed chickens in Athens, Alabama, and delivered them to a Pilgrim’s Pride plant in Natchi-toches, Louisiana. Appellant testified that he arrived at the plant somewhere between noon and 1:00 p.m. that afternoon.

Upon arrival, appellant was assigned a loading dock where he waited while Pilgrim’s Pride employees unloaded his trailer. The unloading process could last between thirty minutes and three hours, but appellant was only allowed to record fifteen minutes in his log book for unloading. Appellant could be terminated for unhooking and taking the tractor from the trailer section of the truck for his convenience during unloading, and he was responsible for the truck and its contents at all times.

While waiting for his truck to be unloaded, appellant decided to go to the restroom. Upon exiting the restroom, appellant stopped to get some crackers out of a vending machine located in the Pilgrim’s Pride “snack room.” While pushing the button for his snack crackers on the vending machine, appellant’s feet slipped out from under him, and he fell down between two picnic-style tables, striking his right elbow and arm. Appellant’s fall occurred somewhere between 3:00 and 3:30 p.m.

After falling, appellant returned to his truck to lie down, but his pain was too severe. He asked directions to the nurse’s station. Appellant knew he had hurt his right-upper arm “pretty bad” and told the nurse that he may have dislocated his arm. The nurse told appellant | 3that he did not have a dislocated shoulder, gave him three heating pads for the pain, and instructed him to go back to his truck. The nurse did not document appellant’s visit.

After using the heating pads, appellant’s arm started to feel better. He then sat up in the driver’s seat until his truck was unloaded and left the Pilgrim’s Pride facility between 4:00 and 5:00 p.m.

Appellant filed a claim seeking compensation benefits, and LDA controverted the claim contending that appellant was not performing employment-related services at the time of his injury. A hearing was held before the ALJ on October 2, 2008, at which time appellant argued that the specific issue of law in controversy was whether his injury occurred during the course and scope of his employment. He contended that it did and that appellees unjustifiably withheld workers’ compensation benefits to which he was entitled.

The ALJ filed an opinion on November 8, 2007, stating that appellant failed to prove that he sustained a compensable right shoulder injury on November 8, 2007, specifically finding that appellant failed to prove by a preponderance of the evidence that his right shoulder injury on November 8, 2007, arose out of and in the course of his employment with LDA. Appellant filed a timely notice of appeal on January 27, 2009, and on June 3, 2009, the Commission issued an opinion affirming and adopting the ALJ’s opinion. Appellant filed a timely notice of appeal on June 11, 2009, and this appeal followed.

|/This case is similar to one recently decided by this court. In Jonesboro Care & Rehab Center v. Woods, 2010 Ark. App. 236, 374 S.W.3d 193 we reiterated the applicable statutory law and standard of review with respect to the relevant issue in the instant case:

In order for an accidental injury to be compensable, it must arise out of and in the course of employment. Ark.Code Ann. § 11 — 9—102(4)(A)(i) (Supp.2009). A compensable injury does not include an injury that is inflicted upon the employee at a time when employment services are not being performed. Ark.Code Ann. § 11 — 9—102(4)(B)(iii). An employee is performing employment services when he or she is doing something that is generally required by his or her employer. Dairy Farmers of Am., Inc. v. Coker, 98 Ark. App. 400, 255 S.W.3d 905 (2007). We use the same test to determine whether an employee is performing employment services as we do when determining whether an employee is acting within the course and scope of employment. Parker v. Comcast Cable Corp., 100 Ark. App. 400, 269 S.W.3d 391 (2007). The test is whether the injury occurred within the time and space boundaries of the employment, when the employee was carrying out the employer’s purpose or advancing the employer’s interest, directly or indirectly. Id. Moreover, the issue of whether an employee was performing employment services within the course of employment depends on the particular facts and circumstances of each case. Texarkana Sch. Dist. v. Conner, 373 Ark. 372, 284 S.W.3d 57 (2008).
In reviewing decisions from the Workers’ Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission’s findings, and we affirm if the decision is supported by substantial evidence. Johnson v. Latex Constr. Co., 94 Ark. App. 431, 232 S.W.3d 504 (2006). Substantial evidence exists if reasonable minds could reach the same conclusion. Sivixay v. Danaher Tool Group, 2009 Ark. App. 786, [359] S.W.3d [433], However, our standard of review must not totally insulate the Commission from judicial review because this would render this court’s function meaningless in workers’ compensation cases. Bohannon v. Wal-Mart [Walmart] Stores, Inc., 102 Ark. App. 37, 279 S.W.3d 502 (2008). We will reverse if the Commission’s decision is based on an incorrect application of the law. Wallace v. W. Fraser S., Inc., 365 Ark. 68, 225 S.W.3d 361 (2006).

Woods, 2010 Ark. App. 236, at 3-4, 374 S.W.3d at 196-98.

The sole issue in this appeal, as in Woods, is whether appellant was performing employment services at the time of his injury. We turn to the case law to determine when 15an employee is deemed to be performing employment services.

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Bluebook (online)
374 S.W.3d 268, 2010 Ark. App. 271, 2010 Ark. App. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-lda-leasing-inc-arkctapp-2010.