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Marten Transport, Ltd. v. Morgan

Court of Appeals of Arkansas, Division II

November 1, 2017

MARTEN TRANSPORT, LTD; ZURICH AMERICAN INSURANCE COMPANY; AND CANNON COCHRAN MANAGEMENT SERVICES, INC. APPELLANTS
v.
KEVIN MORGAN APPELLEE

         APPEAL FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION [NO. G509328]

          Mayton, Newkirk & Jones, by: David C. Jones, for appellants.

          Walker, Shock & Harp, PLLC, by; Eddie H. Walker, Jr., for appellee.

          MIKE MURPHY, JUDGE.

         This 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.

         At the 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 that day?
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 ...

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