Ex Parte Staggs
Ex Parte Staggs
Opinion
The Circuit Court of Lauderdale County awarded workers' compensation benefits to the plaintiff Jean Staggs, as the widow of William R. Staggs, a deceased worker. Mr. Staggs had been employed by the defendant Corr Williams, Inc. The Court of Civil Appeals reversed the judgment of the circuit court. See Corr Williams, Inc. v. Staggs,
The trial court made the following findings of fact:
"1. That on April 3, 1998, William R. Staggs was employed by the defendant and both parties were subject to the [Workers'] Compensation Act of Alabama.
"2. That on said date, William R. Staggs was employed by the defendant as a truck driver-route salesman.
"3. That on said date, William R. Staggs, immediately after spending some 35 minutes physically loading numerous boxes and items of produce into his truck, collapsed in the computer room of the defendant and died of cardiac arrest.
"4. That the physical activities involved in the loading of the truck were in the line and scope of William R. Staggs' employment with the defendant. That the cardiac arrest occurred within the line and scope of said employment.
"5. That the defendant had actual notice of William R. Staggs' cardiac arrest and death.
"6. That William R. Staggs' average weekly wage at the time of his death was $407.22.
"7. That the plaintiff, Jean Staggs, is the widow of William R. Staggs, and was the only dependent of William R. Staggs at the time of his death.
"8. That the defendant has paid no death benefits pursuant to §
25-5-60 [, Ala Code 1975, a part of the Workers' Compensation Act]."9. That William R. Staggs, at the time of his death by cardiac arrest, had a latent heart disease or infirmity, and that the physical activities of his employment, as previously stated, combined with said latent condition and thereby contributed to his death by cardiac arrest.
"10. That the physical activities performed by William R. Staggs immediately prior to his death exposed him to a danger of risk materially in excess of that to which people are normally exposed in their everyday lives."
In Ex parte Trinity Industries, Inc.,
Dr. Austin testified as follows:
"Q. Can vigorous activity immediately before a person collapses or has cardiac arrest, can that be a precipitating factor to cardiac arrest?
"A. Yes, sir.
"Q. If the facts show that he [Staggs] was involved in vigorous activity before it, that could be a contributing cause, could it not?
"A. We'd have to assume that that was a contributing factor."
Corr Williams presented the testimony of Dr. Bradley Cavender, a cardiologist; Dr. Cavender had never seen or treated Staggs. His testimony was based solely on his review of Staggs's medical records. He said he could not determine the cause of death without an autopsy, but he expressed the opinion, based on the medical records, that the overwhelming odds were that heart disease caused Staggs's death. Dr. Cavender testified that vigorous activity immediately before a person has cardiac arrest can be a factor precipitating, initiating, or contributing to, the cardiac arrest. Dr. Cavender further testified that, in his opinion, the activities Staggs was involved *Page 823 in immediately before he collapsed did not sound any more strenuous than walking from the parking deck of the hospital into the hospital.
The activity of Staggs was similar to the activity of the employee inEx parte Trinity Industries, Inc., supra, but for the fact that it went on for a shorter time.
This Court is persuaded that the trial court's findings of fact and its resulting judgment were supported by substantial evidence. Therefore, the Court of Civil Appeals erred in reversing the judgment. See Ala. Code 1975, §
REVERSED AND REMANDED.
Moore, C.J., and Lyons, Brown, Johnstone, Harwood, and Stuart, JJ., concur.
See and Woodall, JJ., dissent.
Reference
- Full Case Name
- Ex Parte Jean Staggs. (In Re: Corr Williams, Inc., F/K/A Tvc Wholesale, Inc. v. Jean Staggs, as Widow of William R. Staggs, Deceased).
- Cited By
- 20 cases
- Status
- Published