MARTEN TRANSPORT, LTD; ZURICH AMERICAN INSURANCE COMPANY; AND CANNON COCHRAN MANAGEMENT SERVICES, INC. APPELLANTS
KEVIN MORGAN APPELLEE
FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION [NO.
Mayton, Newkirk & Jones, by: David C. Jones, for
Walker, Shock & Harp, PLLC, by; Eddie H. Walker, Jr., for
appeal arises from a workers' compensation claim in which
appellee/cross-appellant Kevin Morgan injured himself when he
tripped and fell while making a delivery for the
appellant/cross-appellee Marten Transport, Ltd. (Marten
Transport) on November 7, 2015. Marten Transport appeals the
Workers Compensation Commission's (Commission)
determination that Morgan suffered a compensable injury.
Morgan cross-appeals the Commission's decision to modify
his temporary total disability. We affirm on both direct
appeal and on cross-appeal.
time of the accident, Morgan was a forty-four-year-old truck
driver for Marten Transport. On direct examination, Morgan
described the incident as follows:
Q. Will you briefly explain how your accident occurred on
A. Yes. I was making a delivery at a WalMart store in
Monticello, Arkansas . . . I pulled around to the back of the
store and backed into their unloading dock and I got out of
the truck and was going to the vendor's door . . . I
walked up to the vendor's door and I noticed their
doorbell wasn't working . . . I left my phone in the
truck, so I turned around and was walking back to the truck
to get my phone out of the truck and it was dark outside and
I walked right into a blue ship pallet [lying] on the ground
and fell on both knees, both hands into the asphalt . . .
Q. Did you at some point report it to anybody in a
supervisory position at Marten Transport?
A. Yes, I called-all we had is dispatch.
Q. When did you report it to dispatch?
A. Like ten minutes after it happened . . . I told them I
needed to go to a doctor and they told me that I needed to
get that truck back to Clarksville and not leave it there. .
Q. Did you get the truck back to ...