Pace Corp. v. Burns

472 S.W.2d 78, 251 Ark. 311, 1971 Ark. LEXIS 1138
CourtSupreme Court of Arkansas
DecidedNovember 1, 1971
Docket5-5633
StatusPublished
Cited by3 cases

This text of 472 S.W.2d 78 (Pace Corp. v. Burns) 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
Pace Corp. v. Burns, 472 S.W.2d 78, 251 Ark. 311, 1971 Ark. LEXIS 1138 (Ark. 1971).

Opinion

J. Fred Jones, Justice.

This is a workmen’s compensation case in which the appellee, Joyce Burns, claimed compensation benefits because of an injury to two discs in her cervical spine which occurred when some boxes fell on her while in the course of her employment by the appellant, Pace Corporation, during the first part of March, 1969. Compensation was awarded by the Commission and the award was affirmed on appeal to the Ouachita County Circuit Court. On appeal to this court Pace Corporation and its compensation insurance carrier rely on the following point for reversal:

“There is not substantial evidence in the record to support the workmen’s compensation Commission’s finding that the claimant’s disability was caused by an on-the-job accident.”

Mrs. Bums testified that she is 37 years of age and started working for the Pace Corporation in August, 1968. She testified that sometime during the first two weeks in March, 1969, she was engaged in her regular duties of sitting at a powder machine and “putting powder in cases.” She testified that after filling the cases she would put them in wooden boxes which weighed three or four pounds each and would then start the boxes, containing the cases, along a conveyor belt which moved along an assembly line. She says that the empty boxes she was using were stacked behind where she sat at the powder machine; that on the day of her injury the boxes were piled high behind her and that as she reached to get one of the cases to put powder in, the pile of boxes fell on her. She says that a knot was raised on the back of her head where it was struck by one of the boxes, and that she had a terrific headache immediately following the boxes falling on her. She says that she went to the office and the office secretary, Mrs. Crawford, gave her two white tablets, which could have been aspirin. She says she does not recall having received any medication prior to the incident, but that she received aspirin from Mrs. Crawford for headache quite often following the injury and that she suffered headaches up until the time of her surgery. She testified that after obtaining aspirin for her headache on the day of her accident, she returned to work and worked until around the 9 th of April when she experienced severe pain in her arm and went to a doctor. She then testified as follows:

“Q. What doctor did you go to?
A. Doctor Hout.
Q. What complaint, if any, did you make to him with regard to your head?
A. Well, now I didn’t make any statement to him because I didn’t think it was my head. When I went to him for this it was my arm, it was bothering me in my arm. I couldn’t raise my arm and I’d just holler everytime I’d get up.
Q. How long had this been going on?
A. Well, it started about the 9th of April or the 10th of April, somewhere thereabout.
# * #
Q. And you worked then until April the 9th?
A. That’s right.
Q. Why did you terminate on April the 9th?
A. I got up out of bed and I walked just about a foot from the bed and I couldn’t move my arm. It was hurting me and I got to hollering and my husband asked me what was wrong and I told him something had gone wrong with my arm because I had this terrible pain and a headache.
Q. What did you do after that?
A. Well, he took me to Doctor Hout.
Q. Did Doctor Hout treat you?
A. Doctor Hout gave me a shot and told me it was bursitis and gave me a shot and sent me home.
Q. What type of examination did Doctor Hout perform?
A. Well, he just looked around and felt around, to the best of my knowledge, of my arm.
Q. What statements, if any, did you make to Doctor Hout with regard to the boxes?
A. I did not, I could not remember. I did not remember at that time about them. I never thought that would be caused from anything.”

Mrs. Burns testified that she was seen by Dr. Hout four times and that each time he gave her a shot for bursitis. She stated that the shots gave her no relief from the pain in her arm so she then went to Dr. Meek. She says that Dr. Meek put her in the hospital for a week for bursitis; that her condition continued to get worse rather than better; that Dr. Meek advised her that something was wrong other than bursitis and recommended that she go to the Warner Brown Hospital in El Dorado for an examination by Dr. Hartmann. She says that a myelogram was performed by Dr. Hartmann, whereupon he advised her that some “discs were out of place” and that surgery would have to be performed. She testified that Dr. Hartmann then performed an operation on her neck for the removal of discs, and that following the surgery Dr. Hartmann fitted her with a cervical collar with instructions to wear it as long as she had muscle spasm. She says she is still under Dr. Hartmann’s care and was seen by him on the Monday prior to the hearing. She testified that prior to her injury she was in pretty good shape physically; that she had no headaches and had never had a previous injury. Mrs. Burns then testified as follows:

“Q. Now, do you recall if you ever discussed this box falling incident with any physician?
A. The only one I discussed it with when I really remembered and thought about it was Doctor Hartmann.
Q. When was that? Do you recall?
A. No, sir, I’m sorry I don’t.
Q. How did you recall that at that time, do you remember?
A. I just remembered out of the clear blue sky. I just thought about it. They were asking me about car wrecks, if I ever had been in a car wreck or anything and I just happened to think. He said any accident and that made me think of the boxes falling on me.
Q. Had you discussed this with Doctor Hout?
A. No, sir, I had' not.
Q. Had you discussed this with Doctor Meek?

A. No, sir, I had not because I did not remember it then.”

Mrs. Burns testified that other than the headaches, all of her symptoms came on suddenly when she got up from bed on the morning of April 9th or April 10th and experienced severe pain in her arm. She testified that she does not remember whether she gave Dr. Hout any history or not. She says she has taken so much medicine that she has been unable to remember very much. As to Dr. Meek, she testified as follows:

“A.

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Cite This Page — Counsel Stack

Bluebook (online)
472 S.W.2d 78, 251 Ark. 311, 1971 Ark. LEXIS 1138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pace-corp-v-burns-ark-1971.