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SHARPE v. CASE PRODUCE12/22/1997
Anthony Sharpe (Sharpe) appeals from the Circuit Court's order affirming the Workers' Compensation Commission's denial of benefits. He argues the trial court erred in affirming the Commission's finding his injury was not work-related. We reverse.
FACTS/PROCEDURAL BACKGROUND
Sharpe worked for Case Produce Company on and off for approximately seventeen years. His duties consisted of packing and unpacking tomatoes, driving a delivery vehicle, and making deliveries.
Sharpe and Shonda Goins Harper had been involved in a romantic relationship. Harper worked seasonally for Case Produce for four or five years. Sharpe described an altercation with Harper which occurred on Saturday, July 16, 1994. Sharpe testified Harper slapped him in the face, shoved him, and pushed him lightly in the chest. He denied she pushed him against a counter top or bar. He further denied (1) he complained to anyone he got hurt during the altercation; (2)
According to Harper, she pushed Sharpe several times against a counter top and at least once against a bar. She also slapped his face. When Harper saw Sharpe a couple of days after their fight, he complained he was "still real sore" and his back was "bothering him" as a result of the fight.
Dock T. Case, the manager of Case Produce, testified that on Monday, July 18, 1994, Sharpe was in "pretty bad pain." He had a big sore on the side of his right eye and his forearms were "all scratched up." Sharpe explained to Case he had been in a fight and complained "he couldn't hardly stand up because his back was hurting him so bad." Instead of packing, Sharpe was either "laying over the packing table" or "squatted down." Case advised Sharpe to leave early, but when Sharpe returned on Tuesday, he was still complaining his back hurt. By Wednesday, Sharpe felt better.
On Thursday, July 21, 1994, Sharpe had eight cases of tomatoes to deliver. Instead of using the company truck, he decided to transport the tomatoes in the trunk of his own car. The eight boxes of tomatoes were sitting on the dock. Sharpe grabbed two boxes to load in his trunk. The two boxes together weighed approximately fifty pounds. According to Sharpe: " s I went to set them over in there I felt like electricity go through my whole body, you know, and I thought an electrical wire or something had fell on the car. So, I dropped the tomatoes and leaned up. When I leaned up my legs quit working and I fell on the pavement, skint my leg up and I couldn't move, I couldn't feel my legs." Sharpe did not stand up. He called for Dock Case, his supervisor, to come out on the dock. He asked Case to call an ambulance "because couldn't feel legs."
Case, who was sitting in his office eating breakfast when the alleged accident occurred, did not observe Sharpe fall. No one saw Sharpe fall. Case explained Sharpe's car was apparently in his blind spot. Sharpe called his name and Case walked out on the dock. He saw Sharpe lying between the car and the dock. When Sharpe said he could not move his legs, Case called an ambulance. Case made the delivery Sharpe
Sharpe was admitted to Lexington Medical Center. He remained in the hospital from July 21 to July 30, 1994. On July 25, 1994, Dr. Bruce S. Harris, a neurosurgeon, performed back surgery on Sharpe. When Sharpe left the hospital, he stayed with his sister. He was out of work for approximately eight and one half months.
Sharpe returned to work on Thursday, April 6, 1995. On his first day back, he packed tomatoes. Case stated that when Sharpe returned to work he was "doing his job real good." However, Case "made sure that he had help" and hired someone else to do the heavy lifting, pulling, and
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