Langford v. SOUTHLAND TRUCKING, LLC

30 So. 3d 1266, 2010 Miss. App. LEXIS 142, 2010 WL 918339
CourtCourt of Appeals of Mississippi
DecidedMarch 16, 2010
Docket2009-WC-00640-COA
StatusPublished
Cited by5 cases

This text of 30 So. 3d 1266 (Langford v. SOUTHLAND TRUCKING, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Langford v. SOUTHLAND TRUCKING, LLC, 30 So. 3d 1266, 2010 Miss. App. LEXIS 142, 2010 WL 918339 (Mich. Ct. App. 2010).

Opinion

MYERS, P.J.,

for the Court:

¶ 1. At issue in this appeal is whether the Jackson County Circuit Court erred in affirming the decision of the Mississippi Workers’ Compensation Commission (Commission) which denied Raymond D. Langford’s claim for medical and disability benefits. Langford filed a petition to controvert on June 8, 2004, alleging that he sustained injury to his heart and lungs after exposure to toxic fumes at his place of employment on July 25, 2001. The ad *1268 ministrative law judge (ALJ) determined that Langford had failed to prove that his lung and heart condition arose out of and in the course and scope of his employment with Southland Trucking Company. The Commission affirmed the ALJ’s finding. The circuit court, on appeal, held that the Commission’s decision was supported by substantial evidence and affirmed its ruling. Finding no error, we affirm the circuit court’s judgment.

FACTS

¶ 2. Langford was employed as a truck driver for Southland, a cement trucking business in Jackson County, Mississippi. Langford’s job primarily involved hauling sand and gravel to area concrete plants. The drivers received extra pay for washing their company trucks on the weekends. 1 To assist the drivers in cleaning the chrome rims and fuel tanks on the trucks, the drivers used a cleaner called Crete Brite, which was stored at Southland’s sister company, Metro Concrete, located directly next to Southland.

¶ 3. Langford claimed that on the afternoon of Wednesday, July 25, 2001, he experienced an injurious exposure to toxic fumes when Kenneth Mitchell, a co-worker from Metro Concrete, assisted him in pouring Crete Brite from a 55-gallon drum into a small container for Langford to clean his cement truck that upcoming weekend. According to Langford, he held the container, which he described as a two-gallon square jug with a two to three inch opening on the top of it, while Mitchell poured the Crete Brite from the drum. Langford claimed that the 55-gallon drum was full at the time. During the transfer, some of the cleaner spilled onto Langford, and he inhaled the vapors.

¶ 4. In his deposition, Langford said that some of the Crete Brite “sloshed on [his] hands.” He described the Crete Brite as having an ammonia odor; he also said that he had never had any problems before with the cleaner after using it. When asked if any of the Crete Brite got on anything other than his hands, Langford said no. When asked if he had any reaction to his hands from the Crete Brite, Langford again said no. Langford stated that immediately following the incident, he placed the container in the back of his pickup truck, drove over to Southland, and placed the container inside the mechanic’s shop at a particular location where they could get to it later when they washed the company trucks. He then went inside the office, did his papeiwork for the day, and went home. He said that he took a shower, ate supper, watched TV, and went to bed.

¶ 5. When Langford later testified at the hearing before the ALJ, he reiterated that the 55-gallon barrel was full of Crete Brite at the time of the incident. Langford said that he had positioned himself squarely in front of the barrel and was holding the container while Mitchell tilted the barrel forward toward him to pour the Crete Brite. During the process, the barrel got away from Mitchell which caused some of the Crete Brite to spill out and resulted in Langford getting what he described as a “full blast of it.” He testified that the Crete Brite not only spilled on his hands, but also on his shirt. When asked if he had any burns on his hands or any other part of his body, Langford responded that he had “washed [his] hands and ... arms and everything off with water [as a] ... precaution.” He indicated that his hands *1269 may have been blistered, but he could not remember.

¶ 6. Contrary to what he had stated in his deposition, Langford said that he did not thereafter take the container of Crete Brite back to Southland; instead, he took it home with him. Langford explained that he did so because the shop at South-land was already closed. He admitted that he probably was not permitted to take the Crete Brite home with him and should not have done so, but he claimed that he had no other place to put it, and they needed to wash their company trucks the next day.

¶ 7. The following morning when Lang-ford awoke at 2:00 a.m. to report to work at 3:00 a.m., he felt some shortness of breath, which he did not think much of at the time. He went to work and transported a load to Picayune, Mississippi. Upon his return, Langford told his employer he was not feeling well and was having trouble breathing. Langford went home and sometime later went to the emergency room at the Ocean Springs Hospital. There, he informed an emergency-room physician that he had inhaled some cleaning solution. Langford was admitted to intensive care and placed on oxygen.

¶ 8. While at the Ocean Springs Hospital, Langford was seen by Dr. Harry Heitzman, who specialized in internal medicine. Dr. Heitzman obtained consultations from Dr. Gary Rodberg, a pulmo-nologist, and Dr. Joseph Pedone, a cardiologist. Langford was treated under a preliminary diagnosis of possible chemical pneumonitis based on his admission history. The physicians were able to stabilize Langford’s condition well enough for him to go home. Langford was discharged on July 31, 2001, diagnosed with chemical pneumonitis and congestive heart failure, and he was instructed to follow up with his cardiologist, Dr. Pedone. 2

¶ 9. On August 6, 2001, on the advice of Dr. Pedone, Langford went to the Singing River Hospital where he underwent a ear-diac catherization procedure. The procedure determined that Langford had “moderate to server aortic and mitral valve regurgitation, mild depression of left ventricular function, and 80 percent narrowing of [his] right coronary artery.” Dr. Pe-done recommended that Langford undergo both double-valve procedure surgery as well as single-vessel bypass surgery in September 2001. 3

¶ 10. On August 15, 2001, Langford returned to the Singing River Hospital complaining of shortness of breath. He was admitted with a diagnosis of congestive heart failure, including “fever, hypotension, worsening respiratory failure requiring mechanical ventilator support, and acute renal failure.” By all accounts, Langford was in critical condition.

¶ 11. While at the Singing River Hospital, Langford was seen by Dr. Timothy Hiebert, a pulmonary specialist. Dr. Hie-bert recorded a patient history of fume exposure brought upon “while transferring [a] cleaner from a 55-gallon drum to a smaller container.” Dr. Hiebert opted to perform a biopsy on the lower lobe of Langford’s right lung. Tissue samples from that procedure were sent to Dr. James Waldron, a diagnostic surgical pa *1270 thologist at the University of Arkansas for Medical Sciences. Dr. Waldron was informed that Langford “was a [fifty-two-] year[-]old male with aortic insufficiency and a one-month history of shortness of breath, initiated by inhalation of a clinical cleaner.” Upon examining the tissue samples, Dr.

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30 So. 3d 1266, 2010 Miss. App. LEXIS 142, 2010 WL 918339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langford-v-southland-trucking-llc-missctapp-2010.