Huffy Service First v. Ledbetter

69 S.W.3d 449, 76 Ark. App. 533, 2002 Ark. App. LEXIS 184
CourtCourt of Appeals of Arkansas
DecidedMarch 13, 2002
DocketCA 01-989
StatusPublished
Cited by4 cases

This text of 69 S.W.3d 449 (Huffy Service First v. Ledbetter) 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
Huffy Service First v. Ledbetter, 69 S.W.3d 449, 76 Ark. App. 533, 2002 Ark. App. LEXIS 184 (Ark. Ct. App. 2002).

Opinion

Wendell L. GRIFFEN, Judge.

The employee in this workers’ compensation case, Doyle Ledbetter, suffered a fatal heart attack while employed by appellant, Huffy Service First. The Workers’ Compensation Commission awarded his wife, Anita Led-better, dependency benefits. Mrs. Ledbetter is the appellee in this case. Appellant appeals from the Commission’s order awarding benefits, arguing that the Commission erred because 1) appellee failed to prove that an accident was the major cause of Ledbetter’s heart attack; 2) its interpretation of the “extraordinary and unusual exertion” requirement was flawed; and 3) its decision that Ledbetter sustained a compensable heart attack is not supported by substantial evidence. We disagree and affirm.

Ledbetter had been employed by appellant since 1996 as an assembler for lawn tractors, exercise equipment, grills, and similar items. This job required him to perform on-site assembly at various stores such as Sears, Wal-Mart, and Lowe’s. On August 11, 1997, at approximately 3:00 p.m., Ledbetter suffered a heart attack while assembling lawn tractors at the Sears store in Hot Springs. He was transported to the emergency room at St. Joseph’s Regional Health Center. The ambulance service record indicated that he complained of heat exhaustion. The emergency-room doctor’s note indicated, “pt had worked hard on tractor became diaphoratic [profusely perspirated].”

Dr. Balakrishna Pai, a cardiologist who treated Ledbetter on the day he died, testified by deposition that he arrived at the emergency room at 4:00 p.m. At that time, Ledbetter was complaining of chest pain and was sweating. Dr. Pai suspected that he was having a heart attack. However, Dr. Pai was not present at the time of Ledbetter’s death because he had another cardiac emergency at a different hospital.

The emergency-room record, as dictated by Dr. James Tutton, indicated that Ledbetter’s chief complaint was severe shortness of breath and profuse sweating. Dr. Tutton noted that there were no preceding symptoms and that Ledbetter experienced chest discomfort that was “hard to discern.” Dr. Tutton also noted that Ledbetter was in marked distress, was sweating profusely, and appeared to be cool. Ledbetter’s heart rate varied from 120-135 and his diastolic blood pressure reading was 100. Dr. Tutton further noted that Ledbetter proceeded on a “downhill fashion,” and the doctors “were never able to convert him to a completely sinus rhythm.” Two other doctors considered taking Ledbetter to the heart catheter laboratory. However, before further action was taken, Ledbetter went into heart failure and could not be resuscitated. He died at approximately 5:45 p.m that same day. Dr. Tutton’s clinical impression was that Ledbetter suffered a heart attack.

Appellant controverted appellee’s claim and a hearing was held before an Administrative Law Judge (ALJ). The ALJ found that appellee did not prove that the work activity in which Ledbetter was engaged in was the major cause of his heart attack and, therefore, denied her request for dependency benefits.

At the hearing before the ALJ, Allen Murford, Ledbetter’s former coworker, testified regarding the conditions under which he and Ledbetter worked. According to Murford, a normal load contained fifteen to twenty tractors and each tractor required the assembly of fifteen to twenty pieces. He testified that all tractors that were delivered had to be assembled on the same day because Sears had no place to store the unassembled pieces. Murford estimated that a load of fifteen tractors would take them approximately four to four-and-one-half hours to assemble.

When Ledbetter and Murford assembled bicycles, grills, or sporting equipment, they worked indoors. However, when they assembled lawn tractors, they worked outside in Sears’s pick-up/ delivery area. The ground in the area was covered with black asphalt and the space was enclosed by two walls that prevented air from circulating. Murford testified that the heat in this area was “unbearable,” was hot enough to “fry an egg,” and caused them to burn their hands on the tools. Because of the heat, they began work early in the morning, around 7:00 or 7:30, in order to escape the afternoon heat. However, there were times when they were required to work in the afternoon heat and sometimes worked as late as 8:30 p.m. Murford indicated that, unlike Sears, other stores, such as Lowe’s or Wal-Mart, allowed them to bring the tractors inside to assemble or provided fans to use when the weather was hot.

Murford left his employ with appellant because he could not handle the working conditions in the Sears location in Hot Springs. He said when he and Ledbetter worked together that Ledbetter never complained about having a heart condition or suffering from chest pains. Murford stated that a load of twenty or twenty-five tractors would be a very unusual load for one person and would be very difficult to assemble in one day. He further stated that it would be very unusual to be working outside where the temperature reached 100 degrees.

Appellee testified that the high temperature on August 11 was between 103 and 105 degrees Fahrenheit. She said that her husband told her that he had about thirty tractors to assemble that day, which she stated was an unusually large amount. Appellee further stated that Ledbetter told her that it was going to be difficult to assemble thirty tractors and that it was going to be “awfully hot.” Appellee, a cardiac nurse, testified that her husband made no complaints of chest pain nor displayed any of the symptoms of heart trouble prior to his death.

Vicki Norman, the Ledbetters’ daughter, arrived at the hospital at approximately 4:30 p.m. Norman is a critical-care nurse. She testified that the heat index for that day was 105 degrees. She said that when she saw her father in the emergency room, he was pale and clammy and appeared to be dehydrated. Norman stated that his clothes were “frosted white with dried salt” from sweating, which was unusual. She testified that when she asked him what happened, he said, “I just worked too hard and it was too hot.” He also told her that he was attempting to assemble thirty lawn tractors that day. Norman stated that her father did not complain of chest pains nor display symptoms of heart trouble prior to his heart attack. To her knowledge, the maximum number of tractors that her father had assembled in one day was twelve.

Dr. Pai testified that he had seen Ledbetter in 1994 because he was experiencing chest pain. Dr. Pai conducted a stress test and tested him for plaque build-up at that time, but the results were negative and Dr. Pai released Ledbetter to the care of his regular physician. Dr. Pai testified that it is not uncommon for an individual to pass a stress test but still have heart disease. However, he also testified that most heart attacks are caused by the accumulation of plaque in the arteries and that most people have a preexisting accumulation of plaque. Dr. Pai could not state for certain whether Ledbetter had a prior build-up of plaque, but he was treating him under the assumption that he had a blockage in his arteries because that was the way Dr. Pai treated almost all heart attacks. He stated that the build-up of plaque is a process, not a one time event, and that plaque continues to build up

it becomes unstable and ruptures. That is the real reason for the heart attack.

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Bluebook (online)
69 S.W.3d 449, 76 Ark. App. 533, 2002 Ark. App. LEXIS 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huffy-service-first-v-ledbetter-arkctapp-2002.