Arkansas Foundry Co. v. Cody, 5--5623
| Decision Date | 27 September 1971 |
| Docket Number | No. 5--5623,5--5623 |
| Citation | 251 Ark. 57,470 S.W.2d 812 |
| Court | Arkansas Supreme Court |
| Parties | ARKANSAS FOUNDRY COMPANY and the Travelers Ins. Co., Appellants, Katherine J. CODY, Widow of Wm. R. Cody, Katherine J. CODY, Widow of Wm. R. Cody, Deceased, Appellee. |
Terral, Rawlings, Matthews & Purtle, Little Rock, for appellants.
Stubblefield & Matthews, Little Rock, for appellee.
The appellee, Katherine Cody, widow of William R. Cody, instituted this action for workmen's compensation dependency benefits. The Workmen's Compensation Commission found, with one member dissenting, that Mr. Cody's death on July 10, 1969 was a result of the work he performed on July 3, 1969 and, therefore, arose out of and in the course of his employment.
For reversal of the circuit court's affirmance of the Commission's findings, appellants argue that there is no substantial evidence to sustain the findings of the Commission.
In July 1969 William Cody, 56 years of age, a three-year employee of Arkansas Foundry Company, was on vacation from his duties as a truck driver. He interrupted his vacation on July 3 to return to work for that day. He suffered a heart attack and died July 10, 1969. Mr. Cody's daily log for July 3 reflects that he was on duty from 6:30 a.m. until 8:30 p.m. During this time he drove his truck to Carlisle, Arkansas arriving around 10 a.m. and unloaded, without the assistance of the customary use of skids, 30 to 35 bundles of shingles weighing approximately 75 pounds each. Cody worked alone for an estimated 20 minutes before Mr. Milligan, the manager of Peterson's Farms, and his son-in-law arrived to assist in unloading the balance of the 120 bundles of shingles. The son-in-law and Cody carried the balance a distance of 15 to 18 feet to the rear of the enclosed van where Milligan stacked them on the ground nearby. Milligan testified that: July 3 was 'one of the hottest days we had;' the unloading was 'extremely hard' work; after they completed the unloading, he and Cody 'walked up in the shade and talked a little bit' and that Cody was sweating while working and 'got plenty hot' but did not complain of having any pain. Milligan said that he and his son-in-law were so hot themselves that they did not pursue their claim that they were 2 or 3 bundles 'short.'
After leaving Peterson's Farms, Cody drove to Brinkley and then to Memphis where his truck was reloaded and then he returned to Little Rock, arriving home around 9 o'clock. Mrs. Cody testified that when he arrived home his clothes were sweaty, his face was flushed, and he complained that he 'got as hot as a firecracker down there' and that he just fell into his reclining chair and said that he was suffering pain in his left arm, under his shoulder blade and in his chest; that she rubbed him with Mentholatum Deep Heat; that he had refused to eat dinner; and that he had gone to bed on a rollaway bed in the dining room near the air conditioner. She further testified that it was unusual for him to complain when he came home from work and that this was the 'first time he had ever complained with his arms;' that he did not want her to call the doctor and he did nothing but lay around the house on July 4, 5 and 6 which was unusual for Mr. Cody; that on Sunday, July 6, she took his temperature and it was 102 and that on the 7th she called Dr. Ross Bizzell, the family doctor, and was told to bring him in right away. Following this examination, Cody returned home and went back to bed. Thereafter, the only time he left the house was on July 9 when he drove his car to his employer's office, picked up his check and visited around there for about two hours. To some he appeared healthy and to others he appeared pale and made the complaint that he was not feeling well. One witness testified that Cody told him the doctor had 'grounded' him. One of the employer's managers testified that Cody, who appeared pale, did not complain to him except to say: 'I won't be able to pull the mountain run tomorrow, the doctor said I've got to rest,' and said nothing further about returning to work. There was no evidence that Cody made any complaint to anyone except his wife and stepdaughter on the day of the alleged injury. According to Mrs. Cody, her husband had not suffered from heart disease previously and he had not reported to her that Dr. Bizzell told him: 'I had a heart attack.' She stated that he was concerned about the 'split-up' between his stepdaughter and her husband. Cody's stepdaughter corroborated her mother's testimony about Cody's appearance on July 3, his subsequent condition and activities. She said Cody told her he had a lot of trouble unloading at his stop in Carlisle and that his arms were hurting him. She then felt that he had suffered a heart...
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