LVL, Inc. v. Ragsdale

426 S.W.3d 473, 2013 Ark. App. 65, 2013 WL 444756, 2013 Ark. App. LEXIS 75
CourtCourt of Appeals of Arkansas
DecidedFebruary 6, 2013
DocketNo. CA 12-607
StatusPublished

This text of 426 S.W.3d 473 (LVL, Inc. v. Ragsdale) 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
LVL, Inc. v. Ragsdale, 426 S.W.3d 473, 2013 Ark. App. 65, 2013 WL 444756, 2013 Ark. App. LEXIS 75 (Ark. Ct. App. 2013).

Opinion

BRANDON J. HARRISON, Judge.

hThis workers’ compensation appeal concerns a bathroom break, a vehicle-safety inspection, and the credibility of the employee who said he was on his way to perform both when he was injured on the job. The employee, Donald Ragsdale, was hauling mail in an eighteen-wheeler on U.S. Highway 67 for his employer, LVL, Inc., when he was injured during a roadway accident. LVL appeals the Workers’ Compensation Commission’s decision to award benefits to Ragsdale. LVL disputes the credibility of some particular testimony that Ragsdale provided to the administrative law judge; LVL also says that, for various reasons, Ragsdale was not performing employment services that advanced its interests when he was injured. We affirm the Commission’s split decision that upheld the law judge’s decision to award Ragsdale medical expenses, temporary total-disability benefits, and attorney’s fees.

| ⅞Background

Ragsdale began working as a truck driver for LVL approximately seven years ago. His job was to transport U.S. mail between Newport, Arkansas and Chicago, Illinois. One day in January 2011, approximately two hours after leaving .Newport, Ragsdale began slowing his truck to turn into a truck-stop complex when another eighteen-wheeler hit his truck from behind. The parties have previously stipulated that an employee-employer relationship existed when the wreck occurred. The issue is whether Ragsdale was performing “employment services,” as the statutory phrase has been applied in the caselaw, when the wreck occurred so that he was entitled to seek and receive compensation for injuries to his left knee, right hip, and back.

The law judge held a hearing after the accident, and Ragsdale testified that it took him approximately eleven hours to drive from Newport to Chicago and that he normally left around 10:00 a.m. Rags-dale also said that, according to Department of Transportation regulations, he had to stop every two hours and do a walk-around to ensure the truck was safe to continue driving, and that he does stop every two hours to check the truck. He testified that he also made stops to get food or to go to the bathroom. Ragsdale further said that, on 6 January 2011, he had left Newport around 10:00 a.m. and that, shortly after noon, an eighteen-wheeler struck him from behind as he was slowing his rig to turn into a truck-stop complex at the Missouri-Arkansas state line. The tires on the tractor-trailer Rags-dale was driving had apparently not left the roadway when the accident first occurred; but Ragsdale said that after he was hit, his truck was knocked through the ditch and came back on the | ^shoulder of the road. When asked during the administrative hearing why he slowed down to exit the highway, Ragsdale stated that he was “pulling in to get cigarettes and use the bathroom. And then I do my walk-around on the truck and trailer, and then I get back in the truck, and I go to my next location.”

Ragsdale admitted that he told a Missouri State Trooper at the scene that he was only stopping to get cigarettes; Rags-dale later said that he did not think it was necessary to tell the trooper during the investigation everything he had planned to do during his stop. And Ragsdale apparently told a LVL dispatcher, soon after the wreck occurred, that he “had stopped to get cigarettes and got hit in the back-end by an 18-wheeler.” He also explained that the State Line Super Center was one of his regular stops on his Newport-to-Chicago route and that he stopped there “nine out of ten times.” Regarding his physical condition, Ragsdale said that, since the accident, he has not been able to work due to an injured right hip, left knee, and back.

On cross-examination during the hearing, Ragsdale clarified that he was attempting to turn into the State Line Super Center. He testified that he was going to the liquor store to get cigarettes because that store’s parking-lot area was less congested with traffic than was the truck stop’s, and the liquor store’s lot was easier to navigate in a big truck. Ragsdale acknowledged under cross-examination that he had previously stated in his deposition that he had attempted to pull into the store to do three things: get cigarettes, use the bathroom, and check his tires.

|4The state trooper who investigated the accident testified during his deposition that Ragsdale had told him that he was slowing to turn right into the liquor store parking lot to buy cigarettes. Ragsdale agreed under cross-examination that he only told the trooper that he “was stopping to get cigarettes” when the accident occurred. On re-direct, however, Ragsdale stated that during the anticipated stop he intended to do what he always did at this truck stop: use the bathroom, buy cigarettes, and check the truck’s tires and lug nuts.

The Commission’s Decision

The law judge issued an opinion, finding that, when the wreck occurred, Ragsdale was performing employment services as he slowed to turn off the road to take a restroom break and perform a safety check. The law judge then determined that Ragsdale had proven that he sustained a compensable injury and ordered LVL to pay medical expenses, temporary total-disability benefits, and attorney’s fees. Here is an excerpt from that opinion

This case turns on the credibility of the witness. I have observed the claimant on two different occasions and find him to be credible. He stated he did not understand the importance of listing everything he planned to do while he took a break and it is reasonable to take a restroom break after two hours of driving. This location was a place he routinely stopped to perform a safety check since it was required every two hours, and since it was a liquor store, he wanted to make sure the trooper knew he was not buying alcohol, but cigarettes.

LVL appealed to the Commission, which affirmed the law judge’s decision to award benefits. To LVL’s argument that Rags-dale was not performing employment services because he was stopping to get cigarettes, the Commission answered (with emphasis) that

the accident occurred while the claimant was still on U.S. 67 transporting mail from Newport to Chicago.... The Commission is bound to examine the activity the claimant was engaged in at the time of the accident in determining whether or not he was performing employment services, [internal citation | ^omitted].
The evidence in the present matter demonstrates that the claimant was performing employment services at the time of the motor vehicle accident, which occurred on January 6, 2011. The claimant was directly carrying out the employer’s purpose, i.e., transporting United States mail, at the time of the accident. Even if the accident did occur while the claimant was turning his vehicle into the driveway owned by State Line Liquor, the claimant testified, “I was pulling in to get cigarettes and use the bathroom.” Although the claimant apparently told Officer Dye that he only intended to purchase cigarettes, reasonable minds could find that the claimant was also stopping to use restroom facilities at a point in the 11-hour drive from Newport to Chicago.

The Commission affirmed the law judge’s decision to award benefits.

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Bluebook (online)
426 S.W.3d 473, 2013 Ark. App. 65, 2013 WL 444756, 2013 Ark. App. LEXIS 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lvl-inc-v-ragsdale-arkctapp-2013.