Frito-Lay, Inc., et al. v. Leatherwood
| Docket Number: | 2004-WC-01223-COA | |
| Oral Argument: | 03-25-2005 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-26-2005 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Causal connection - Medical evidence Judge(s) Concurring: KING, C.J., BRIDGES AND LEE, P.JJ., IRVING, MYERS, GRIFFIS, BARNES AND ISHEE, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 05-10-2004 Appealed from: PANOLA COUNTY CIRCUIT COURT Judge: Andrew C. Baker Disposition: AFFIRMED FULL COMMISSION’S ORDER TO AWARD WORKERS’ COMPENSATION BENEFITS Case Number: CV2003-0177BP1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | FRITO-LAY, INC. AND CONTINENTAL CASUALTY
COMPANY (CNA INSURANCE COMPANIES) |
DENNIS W. VOGE |
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| Appellee: | JAMES LEATHERWOOD | B. SEAN AKINS |
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| Topic: | Workers’ compensation - Causal connection - Medical evidence |
| Summary of the Facts: | James Leatherwood, a delivery truck driver for Frito-Lay, injured his back after performing yard work. Several months later, Leatherwood was making a delivery when he slipped from his truck and fell three times. After undergoing surgery, Leatherwood was unable to work. All doctors who evaluated Leatherwood opined that he was totally and permanently disabled. Leatherwood filed an application for workers’ compensation benefits, which Frito-Lay denied. Leatherwood filed a petition to controvert. The administrative law judge denied Leatherwood’s application for benefits, finding that Leatherwood did not prove through medical evidence that the fall from his truck was a contributing factor to his disability. The Full Commission reversed and awarded benefits to Leatherwood, and the circuit court judge affirmed the judgment of the Full Commission. Frito-Lay appeals. |
| Summary of Opinion Analysis: | A pre-existing disease or infirmity does not prevent an injury from “arising out of employment” if the work-related injury aggravated, accelerated, or combined with a disease to produce a disability. Unless common knowledge suffices, medical evidence must prove not only the existence of a disability but also its causal connection to the employment. The evidence shows that Leatherwood’s initial injury was not disabling. Leatherwood was able to work before his second accident and did not miss any work prior to that accident. The nature of the fall Leatherwood sustained supports the finding that his injuries were work related. Two eyewitnesses verified that Leatherwood slipped, fell directly on his tailbone, fell a second time onto the bumper of his truck, and fell a third time onto the ground. Although Leatherwood’s doctors did not know about the fall at work because Leatherwood did not tell them, disability need not be proved by medical testimony as long as there is medical testimony which will support a finding of disability. Here, no doctor ever excluded the fall as a causal factor to Leatherwood’s disability. In fact, the Commission was presented with medical testimony showing that Leatherwood’s condition was consistent with somebody who had suffered a fall. Therefore, substantial evidence exists to uphold the Commission’s decision to award benefits. |
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