Hoerner Waldorf Corp. v. Alford

500 S.W.2d 758, 255 Ark. 431, 1973 Ark. LEXIS 1382
CourtSupreme Court of Arkansas
DecidedNovember 5, 1973
Docket73-99
StatusPublished
Cited by7 cases

This text of 500 S.W.2d 758 (Hoerner Waldorf Corp. v. Alford) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoerner Waldorf Corp. v. Alford, 500 S.W.2d 758, 255 Ark. 431, 1973 Ark. LEXIS 1382 (Ark. 1973).

Opinion

J. Fred Jones, Justice.

This is a workmen’s compensation case and the question on appeal is whether there is any substantial evidence to sustain the Commission’s finding that the claimant-appellee’s heart attack and resulting disability grew out of, and occurred within the course of, his employment as a truck driver.

Carl Lee Alford was 58 years of age when on September 13, 1971, he suffered a severe heart attack while driving a truck-trailer rig on a return trip to Little Rock from Rossville, Tennessee, where he had delivered a truckload of corrugated paper boxes bound up in 500 pound bales. Mr. Alford had worked for the. appellant-employer, Hoerner Waldorf Corporation, for approximately 20 years, the first five years as a “slitter operator,”1 and the last 15 years as a truck driver. He had been hospitalized and treated for a hiatal hernia but that condition is of no importance in this case except as it relates to Mr. Alford’s complaints as hereinafter set out. The heart attack suffered by Mr. Alford on September 13 was diagnosed as a myocardial infarction and the correctness of that diagnosis is not questioned.

It was Mr. Alford’s contention before the Commission that the stress and strain of the work he performed as a truck driver brought about his heart attack on the day in question and aggravated his pre-existing coronary atherosclerosis to the point of a myocardial infarction and permanent disability. The appellant-employer and its compensation insurance carrier contended that Mr. Alford’s heart attack on September 13 was a natural result of his progressive degenerative heart disease and was unrelated to his occupation as a truck driver. The Commission found in favor of Alford and awarded compensation for a 70% permanent partial disability in addition to medical benefits that normally follow an award in favor of the claimant. The award of the Commission was affirmed by the circuit court so the employer and insurance carrier contend on this appeal that the “claimant failed to sustain his burden of proving by substantial evidence that there was any causal relationship between his driving the truck and his heart attack.”

Mr. Alford testified by deposition as well as in person before the Referee. He said that September 13 was on a Monday and he did not work on the 11th or 12th. He said he just sat around the house on Saturday and Sunday and did not recall having any chest pains on Saturday or Sunday. He said on Sunday afternoon he became drowsy and felt tired and worn-out. He said he started to call his employer to get someone else to work in his place on Monday but thought he might get to feeling better so he decided to go ahead and go to work Monday. He said that he got up about 1:30 or 2:00 o’clock on Monday morning and reported to work; that his trailer was already loaded and he attached the tractor to the trailer and left on his assigned trip for the delivery of merchandise to Rossville, Tennessee. He said he stopped in Palestine, Arkansas, for breakfast and delivered his cargo in Rossville at 7 a.m. He said that prior to stopping in Palestine, he had “a kind of heavy feeling” in his chest but thought it would pass and didn’t say anything to anyone about it. He said his cargo consisted of cardboard boxes bound up in bales weighing approximately 500 pounds; that when he arrived in Rossville, the bundles were unloaded with a forklift and he assisted the forklift operator in pulling over about 10 of the bundles so that the forklift could get under them. He said the heaviness he felt in his chest between Palestine and Rossville had lightened up on his return trip to Little Rock but that after he came through Memphis, Tennessee, and West Memphis, pain in his chest started getting worse and that between Palestine and Wheatley, Arkansas, about two hours after he left Rossville, he had to pull to the side of the highway and stop. He then testified as follows:

“Q. What kind of problem were you having at that time?
A. Well, I turned deathly sick and felt like I was going to vomit, and that’s the reason I jerked the tractor trailer over off the road as soon as I could, and it just felt like something just popped me in the chest right hard, and I slumped over my steering wheel, I suppose, so according to the time that I left Rossville and the time that these boys come along and all I was probably there maybe thirty or forty-five minutes. I don’t know just how long it was.”

Mr. Alford said two other truck drivers employed by the same company stopped and offered to bring him on in to Little Rock but he managed to bring his own truck to Little Rock. He said that after delivering his truck back to his place of employment, he went home and a day or so later was hospitalized under the treatment of Dr. William B. Bishop.

At the hearing before the Referee, Mr. Alford described his attack in more detail. He said that when he pulled his truck to the shoulder of the highway and stopped, he first laid over on his steering wheel and then got so sick he had to get out of his truck and vomit. He said that for a short time after he stopped he felt dizzy and did not know what he was doing. He said this condition soon cleared up but the pain in his chest never did cease or get any better. He described the attack as starting with sharp pain in his chest under his breast bone. He said it just kept getting worse and worse and he then testified as follows:

“When it did hit me it was a solid jolt. It just felt like someone stomped me in the chest... I had been hit in my chest with a bale of hay and it kind of felt like that. . . then I knew there was something wrong with me. I had never had that to happen to me before.
Q. Now you had never had this particular type of pain before?
A. I never had.
Q. Now had you ever had any pains in your stomach or in your chest area before?
A. Yes, sir.
Q. Were they anything like this?
A. Never was, no, sir.”

He said he had previously experienced pain in his stomach and chest on several occasions when he was in the hospital with a hiatal hernia. He said when his chest pains first started on the 13th, he thought perhaps it was the same thing, but it didn’t start hurting in his stomach as it usually did. He said the pain started in his chest on the 13th; that it was of a different nature than he had previously experienced and when it grew worse, he knew it was not from his stomach or hernia. He said after he left Rossville on his return trip to Little Rock, the pain in his chest really started hurting bad and then kept getting worse.

Mr. Robert Cearley, production manager for the appellant-employer, testified that Mr. Alford was an excellent employee. He said Alford worked about five years as a slitter operator in the plant before being assigned to driving a truck.

Both the truck drivers who came upon Mr. Alford while he was stopped at the side of the highway on his return to Little Rock, testified that he was deathly sick, complaining of pain and said that nothing like that had ever happened before.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Beeson v. Landcoast
862 S.W.2d 846 (Court of Appeals of Arkansas, 1993)
Nashville Livestock Commission v. Cox
787 S.W.2d 664 (Supreme Court of Arkansas, 1990)
C.J. Horner Co. v. Stringfellow
691 S.W.2d 861 (Supreme Court of Arkansas, 1985)
C. J. Horner Co. v. Stringfellow
685 S.W.2d 533 (Court of Appeals of Arkansas, 1985)
Young v. Heekin Canning Co.
681 S.W.2d 419 (Court of Appeals of Arkansas, 1985)
Kempner's & Dodson Insurance Group v. Hall
646 S.W.2d 31 (Court of Appeals of Arkansas, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
500 S.W.2d 758, 255 Ark. 431, 1973 Ark. LEXIS 1382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoerner-waldorf-corp-v-alford-ark-1973.