International Paper Co. v. Tidwell

• Decision Date: 10 May 1971
• Docket Number: No. 5--5555,5--5555
• Citation: 250 Ark. 623,466 S.W.2d 488
• Parties: INTERNATIONAL PAPER COMPANY, Appellant, v. Carl J. TIDWELL, Appellee.
• Court: Arkansas Supreme Court

Page 488

466 S.W.2d 488

250 Ark. 623

INTERNATIONAL PAPER COMPANY, Appellant, v. Carl J. TIDWELL, Appellee.

No. 5--5555.

Supreme Court of Arkansas.

May 10, 1971.

Gaughan, Laney, Barnes & Roberts, Camden, for appellant.

Smith, Williams, Friday & Bowen by G. Ross Smith, Little Rock, for appellee.

FOGLEMAN, Justice.

Two questions are presented on this appeal. The first is whether the Arkansas Workman's Compensation Commission has jurisdiction of this claim--or more properly stated, whether the Arkansas Workmen's Compensation Law can be applied. The second is whether the claimant Tidwell has suffered a compensable injury. The commission held against appellant on both points. There has been no determination that appellee has suffered a permanent disability resulting from accidental injuries. This matter was reserved until the commission hears additional evidence as to the end of the healing period and as to permanent disability. The only award made is for compensation for a period from August 8, 1968 through September 22, 1968 and from October 17, 1968 until a date to be later determined and for medical expenses incurred as well as those to be incurred for additional medical treatment to be arranged by International Paper Company through Dr. Jim Moore.

The first is a mixed question of law and fact. Insofar as the factual determinations are involved, the findings of the commission are binding upon the courts if there is any substantial evidentiary support. Voss v. Ward's Pulpwood Yard, 248 Ark. 465, 452 S.W.2d 629. We must accept that view of the facts which is most favorable to the commission's findings. Albert Pike Hotel v. Tratner, 240 Ark. 958, 403 S.W.2d 73. Where fair-minded men might honestly differ as to the conclusion to be drawn from facts, either controverted or uncontroverted, the drawing of inferences and reaching of conclusions are for the commission, not the courts. Guynn's Estate v. Helena Hospital, 240 Ark. 56, 398 S.W.2d 526. The commission found it had jurisdiction because appellee was a citizen and resident of Arkansas both prior to and at the time of his injuries, was paid under the supervision of appellant's Arkansas office, was paid his wages in Arkansas and the contract of employment was entered into in Arkansas. There was substantial evidence to support these findings.

Tidwell was born in Arkansas. He was employed by the United States Corps of Engineers for 10 years prior to his employment by International. He was operating a bulldozer at Lake Ouachita in this previous employment when he applied for a job at appellant's regional office in Camden, Arkansas. He took a physical examination at Camden to meet appellant's requirements. He testified that he considered Hot Springs, Arkansas, to be his home. He had no family, except for his parents who lived at Mt. Ida, Arkansas. He did not live with them. Tidwell reported to work at Jefferson, Texas, on Monday, June 24, 1968, as a member of a five-man crew of which one Wells was foreman. Wells' orders and directions came from the Camden office. Paychecks of all employees of International working in Texas and other parts of the Western Region are issued from Camden. When Tidwell needed medical attention after August 7, he returned home and went to Dr. Lon E. Reed at Hot Springs, under whose care he remained for four weeks. When his doctors advised him to return to work, he went back to Jefferson and worked September 23 and 24. He suffered a recurrence of his earlier symptoms, had to be relieved from driving a bulldozer, and returned home to Hot Springs. Subsequently, at the suggestion of Grady Collier, appellant's Road Maintenance Foreman for its Western Region, he drove a dump truck at Hampton, Arkansas, about two weeks, after which he felt that he was unable to continue in that work. All his medical treatment has been in Arkansas.

Tidwell testified that he left his job in Arkansas on Friday before reporting to his new employer in Texas on Monday. His work required him to move from place to place in Texas and to obtain a place to live in each. While in Texas he lived at Jefferson in a room in a private home for three or four days in June, at Carthage in a motel for about three weeks and at Center in a boarding house for about two weeks just prior to August 2. All of these are within a radius of 30 miles. Orders for these various job assignments came from the Camden headquarters. All of the members of Tidwell's crew lived in private homes, boarding houses or motels and had to find new places to live as they moved about their territory.

The Western Region of International encompasses Arkansas, the eastern half of Louisiana, east Texas and a part of Oklahoma. Its headquarters are at Camden, and Tidwell was hired by Collier there. He was employed to work in Texas and considered a regular member of his crew in one of three districts there. Each district has its own management. The road foreman for International's entire Western Region lives in Arkansas, but his duties take him over the entire region. The International employee with whom Tidwell roomed while he worked at Hampton was a Texas resident. Tidwell was treated as a Texas employee by International. The timekeeper, who had responsibility for payroll, insurance and compensation matters for the company had his office at Camden. Tidwell was covered by the company's workmen's compensation insurance in Texas, and his wages reported to the State of Texas for that purpose. ¹ The company uniformly carried its workmen's compensation insurance on those employed to work in a particular state in that state. It contends that, since Tidwell was employed to work in Texas and suffered whatever injury he did suffer in that state, Texas law governs. Since the evidence, when given its strongest probative force in favor of the commission's findings of fact, is substantial, as we have illustrated, the question becomes one of law.

We have never directly passed upon this question. In approaching it, we have no specific statutory provision to govern us as do most other states. See I Schneider, Workmen's Compensation Text, Chapter 5; 3 Larson, Workmen's Compensation Law 375, et seq., §§ 87.00, et seq. Workmen's compensation is governed wholly by statute, so unless we find a statutory basis for entertainment of a claim, an employee must be left either to his common law remedy or to the compensation laws of another state when the injury took place in that state. Ark.Stat.Ann. §§ 81--1323(b) (Repl.1960) and 81--1325(b) (Supp.1969) contain the only express mention of extraterritoriality in our act. In the former section, we find clear recognition that a claim may be allowed when the accident took place outside the state if compensation is payable under the act. Then the hearing may be held either in the county of the employer's residence, or of his place of business or of greatest convenience as determined by the commission. The later section only provides that appeal from the commission's action goes to the circuit court of the county in which the hearing was had when the accident occurred outside the state. It should be noted that there is no limitation in these sections on the nature of out-of-state accidents which may be heard by the commission. Consequently, we must turn to other provisions for any limitations there might be. If there is a limitation it must be found in provisions having to do with coverage. Insofar as the facts of this case are concerned: an employee is one in the service of an employer under a contract of hire, Ark.Stat.Ann. § 81--1302(b) (Repl.1960); an employer is one carrying on an employment, Ark.Stat.Ann. § 81--1302(a) (Repl.1960); and employment means every employment carried on in the state, Ark.Stat.Ann. § 81--1302(c) (Repl.1960). Liability for compensation is based upon disability or death from injury 'arising out of and in the course of employment.' Ark.Stat.Ann. § 81--1305 (Repl.1960).

In considering these statutory provisions and definitions, we must construe and apply them liberally in favor of a claimant in the light of the beneficent and humane purposes of the act, resolving all doubtful cases in his favor. Reynolds Metals Co. v. Brumley, 226 Ark. 388, 290 S.W.2d 211; Arkansas Nat. Bk. v. Colbert, 209 Ark. 1070, 193 S.W.2d 806; E. H. Noel Coal Co. v. Grilc, 215 Ark. 430, 221 S.W.2d 49; Donaldson v. Calvert-McBride Printing Co., 217 Ark. 625, 232 S.W.2d 651; Clemons v. Bearden Lumber Co., 236 Ark. 636, 370 S.W.2d 47; Clemons v. Bearden Lumber Co., 240 Ark. 571, 401 S.W.2d 16; Elm Springs Canning Co. v. Sullins, 207 Ark. 257, 180 S.W.2d 113; Hunter v. Summerville, 205 Ark. 463, 169 S.W.2d 579. Liberality of construction with reference to individual rights under our act is resorted to whenever obscurity of expression or inept phraseology appears and, given a restrictive construction, would have the effect of defeating praiseworthy purposes that undoubtedly actuated our lawmaking body. Massey v. Poteau Trucking Co., 221 Ark. 589, 254 S.W.2d 959. See also McGehee Hatchery Co. v. Gunter, 237 Ark. 448, 373 S.W.2d 401; Sallee Bros. v. Thompson, 208 Ark. 727, 187 S.W.2d 956.

Recognized purposes of the act are to improve employer-employee relationships, to insure the security of employees following covered employment by substituting awards for losses sustained by reason of such employment which are more nearly proportionate to the loss and more certain and more satisfactory than former remedies in tort, to ameliorate the condition of disabled workers by shifting a part of the burden of accidents in covered employment to the public in general and to charge to the ultimate consumers, a part of the loss from risks of such employment. Hughes v. Hooker Bros. & McKenzie Road Service, Inc., 237 Ark. 544, 374 S.W.2d 355; Hunter v. Summerville, supra; Williams Mfg. Co. v. Walker, 206 Ark. 392, 175 S.W.2d 380. We have said that these purposes are based upon a contractual relationship...