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Kimbell v. Association of Rehab Industry11/16/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Richard Kimbell sustained injuries on May 27, 2003, when he fell off a porch at his workplace following an alleged altercation with Stanley Minor. The administrative law judge ("ALJ") found that appellant had proved that he sustained a compensable injury and that he was entitled to all medical treatment reasonably necessary in connection with the compensable injury. The Workers' Compensation Commission ("Commission") reversed the ALJ's decision based on its finding that appellant did not sustain a compensable injury because he was not performing employment services at the time of his accident and because his injury was idiopathic in nature. Appellant argues that there is no substantial evidence to support the Commission's opinion. We affirm.
On May 27, 2003, Stanley Minor was at the Ross Center in Camden, appellant's workplace, to get some information about his social security disability benefits and to inquire about a "ticket to work" that he had received. Minor was leaving the building to retrieve some paperwork from his vehicle when he saw appellant standing on a porch off the building. Minor approached appellant and spoke with him for a few minutes about the "ticket to work." According to Minor, he and appellant had finished talking, and he proceeded on his way to his vehicle. When Minor returned with the paperwork, he passed the porch again and saw appellant lying in the mud. Minor helped appellant to his feet and brought a chair outside at appellant's request. According to Minor, appellant said, "I'm tired. Thanks a lot. I'm tired. I sure thank you."
Robin Heard, who worked with appellant at the Ross Center, learned of the accident from a client. She went outside and saw appellant kneeling as if he were trying to pull himself up off the ground. She stated that Minor had been in her office earlier and had become angry at her because she could not help him. She said Minor had been in such an agitated state that he threw some paperwork on her desk. Heard testified that, following the fall, appellant's speech was slurred but that he mentioned that he had been talking to a man when the accident occurred.
Paige Davis, another one of appellant's co-workers with whom he shared office space at the Ross Center, testified that prior to the accident, appellant told her he was going outside to smoke a cigarette and would be back in a few minutes. Davis learned of the accident from Heard and went outside to help appellant. Davis could not understand what appellant was trying to say at first because his speech was slurred. When she finally began to understand him, he mentioned that he was talking to somebody and then fell.
Appellant worked at the Ross Center as an employment specialist and helped people with disabilities find jobs. On the morning of the accident, appellant left his shared office space to go to the restroom and then outside to smoke a cigarette. Appellant walked out onto the porch to smoke and saw Minor walking on the sidewalk with a handful of papers. Minor, whom appellant testified appeared "madder than hell," approached him with questions about the paperwork. Appellant testified that he saw among the papers a "ticket to work" and a business card belonging to a co-worker, so he assumed that his co-worker had sent Minor to him as a client. Appellant explained to Minor that the "ticket to work" meant that he would not receive his disability check. Minor kept saying "no" and became even more irritated. Appellant tried to sort through the papers, but Minor jerked them away. Minor kept stepping toward him and then away, and appellant testified that he was afraid of what Minor might do. According to appellant,
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