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Powell v. Daymark Group11/10/2004
NOT DESIGNATED FOR PUBLICATION
Appellant Robert Powell appeals the decision of the Workers' Compensation Commission (Commission) denying his workers' compensation claim. On appeal, appellant asserts that the Commission's finding that his disc injury was not the result of a specific incident is not supported by substantial evidence. Appellant also asserts that he was engaged in employment services when he sustained his disc injury. We affirm.
In November 1999, appellant worked for appellee Daymark as an OTR truck driver. On November 30, 1999, appellant was driving a load from Chicago to Los Angeles. He stopped for the night at a truck stop in Joplin, Missouri. After finishing his paperwork, appellant said that he got up so that he could climb into the sleeper compartment, and that as he climbed into the sleeper compartment, he caught his leg on the gear shift and ended up falling into the sleeper compartment. Appellant said that he experienced discomfort while sleeping and awoke the next morning feeling as though he had a crick in his neck. Despite his discomfort, appellant drove to Moriarty, New Mexico. Appellant testified that when he awoke the following morning he was in "excruciating pain." He said that he reported this to Kathy Shepard, the immediate dispatcher, and was told to meet another driver in Gallup, New Mexico, in order to switch loads. After switching loads, appellant drove to Daymark's cold storage facility in Rochelle, Illinois. Appellant said that, once in Rochelle, he sought treatment in the emergency room at Rochelle Community Hospital and was given pain pills. The emergency room records indicates that appellant informed the staff that "two days ago he woke up with pain in the posterior aspect of his left shoulder and a little under the left clavicle." Upon release from the hospital, appellant returned to work. He subsequently took a two-week vacation.
During his vacation, appellant said that he sought treatment at the veterans' hospital in Chicago, where he received some pain medication. At the end of his vacation, appellant returned to work. While delivering a load to Forth Worth, Texas, appellant began experiencing "excruciating" pain in his neck, so he drove to the terminal in Grand Prairie, Texas. Once at the terminal, appellant said that he reported his pain to "Brenda," who worked the night shift. Afterwards, appellant drove to Mesquite, Texas, and stopped at a truck stop for fuel. Appellant described his pain as being so bad that he "could hardly hold the pumps." He said that he called the night dispatcher and asked for an ambulance. Appellant was taken by ambulance to Mesquite Community Hospital. At the hospital, appellant received a shot and prescriptions. Appellant stayed overnight in Mesquite, and then drove a load to Atlanta. In Atlanta, appellant called the home office and talked to Pam Love. Appellant said that, upon learning of his prescriptions, Ms. Love instructed to him to stop driving. Appellant was furnished a bus ticket home.
Upon returning home to Chicago, appellant was treated for a cervical disc injury by Dr. Javad Hekmat-panah, a neurosurgeon at the University of Chicago. In a note dated January 21, 2000, Dr. Hekmat-panah writes that appellant informed him that his pain began November 30, 1999, and that "he does not know why or how it started." In February 2000, appellant had surgery for a herniated disc at the C6-C7 level. Appellant subsequently filed a claim for workers' compensation benefits. Daymark controverted appellant's claim and a hearing was held before an administrative law judge (ALJ).
At the hearing, appellant admitted that he never mentioned falling into the sleeper compartment to anyone at Daym
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