Chambers v. SDX, Inc., 71838
| Court | Court of Appeal of Missouri (US) |
| Writing for the Court | REINHARD |
| Citation | 948 S.W.2d 448 |
| Parties | John A. CHAMBERS, Employee/Respondent, v. SDX, INC. and Commercial Union Insurance, Co., Employer/Insurer/Appellants. |
| Docket Number | No. 71838,71838 |
| Decision Date | 15 July 1997 |
Page 448
v.
SDX, INC.
and
Commercial Union Insurance, Co., Employer/Insurer/Appellants.
Eastern District,
Division Six.
Page 449
Susan M. Kelly, St. Louis, for employer/insurer/appellants.
B. Michael Korte, St. Louis, for employee/respondent.
Before REINHARD, P.J., and KAROHL and DOWD, JJ.
REINHARD, Presiding Judge.
Employer appeals the award of workers' compensation benefits to claimant by the Labor and Industrial Relations Commission (Commission). We affirm.
At the hearing for compensation, claimant testified that he was an over-the-road truck driver and had travelled to Texas, Louisiana, South Carolina, North Carolina, New Jersey, Oklahoma, and Georgia for employer. On August 13, 1993, claimant delivered a load of pasta to Pate-Dawson, a food distribution company in North Carolina, for employer. He arrived at 7:30 or 7:45 a.m. for his 8:00 a.m. appointment. After unloading the pasta, claimant drove to the main warehouse to pick up some pallets to return to Borden's in St. Louis as instructed by employer. The pallets could not be immediately loaded onto claimant's truck because another truck was being unloaded and only one forklift was operating. While waiting for his turn, claimant worked on his logbook and other paperwork. At 10:30 or 11:00 a.m., the driver of the truck being unloaded told claimant that he was going to McDonald's while the loading crew took a break. The driver asked claimant if he wanted anything from the restaurant. Claimant asked the driver to bring something for him because he had not eaten since refueling in Knoxville, Tennessee, at approximately 4:00 or 5:00 p.m. the previous evening. The other driver needed to unhook his trailer before driving to breakfast, but he "was in a bind ... [because] the trailer was on an angle and the tractor was level...." The situation required two people to unhitch the trailer, so claimant attempted to help the other driver. Claimant testified:
I attempted to pull the release pin while he rocked the tractor, and I'm assuming that he just let his clutch out and the truck lurched. Before I could turn it loose, it pulled me forward with it and, you know, threw my feet down, threw me down and my feet was in front of the rear driver's side tandems, the two back wheels; and I guess he wasn't watching me in the mirror at that time because he kept going and at that time my foot was under there....
According to claimant, helping other drivers unhitch trailers was a custom in the trucking industry because "[y]ou're going to need help
Page 450
somewhere so you help others." Claimant asserted that the owner of employer was aware of the custom.Following the hearing, the administrative law judge (ALJ) determined that claimant's injury did not arise out of and in the course of employment and denied compensation. The Commission reversed the ALJ's decision and awarded workers'...
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Hampton v. Big Boy Steel Erection, No. 85456 (Mo. 12/9/2003), 85456.
...v. Mama Stuffeati's, 965 S.W.2d 171 (Mo. App. 1997); Smith v. ConAgra, Inc., 949 S.W.2d 917 (Mo. App. 1997); Chambers v. SDX, Inc., 948 S.W.2d 448 (Mo. App. 1997); Boring v. Treasurer of Mo., Custodian of the Second Injury Fund, 947 S.W.2d 483 (Mo. App. 1997); Winsor v. Lee Johnson Const. C......
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Hampton v. Big Boy Steel Erection, SC 85456.
...Nichols v. Mama Stuffeati's, 965 S.W.2d 171 (Mo.App.1997); Smith v. ConAgra, Inc., 949 S.W.2d 917 (Mo.App.1997); Chambers v. SDX, Inc., 948 S.W.2d 448 (Mo.App. 1997); Boring v. Treasurer of Mo., Custodian of the Second Injury Fund, 947 S.W.2d 483 (Mo.App.1997); Winsor v. Lee Johnson Const. ......
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Simpson v. Saunchegrow Const., s. 21802
...including legitimate inferences to be drawn therefrom, in the light most favorable to the award of the Commission. Chambers v. SDX, Inc., 948 S.W.2d 448, 450 (Mo.App.1997). The appellate court may modify, reverse, remand for rehearing, or set aside an award or decision of the Commission onl......