{
  "id": 8723366,
  "name": "James Robert McCOLLUM v. JONES TRUCK LINES, INC., et al",
  "name_abbreviation": "McCollum v. Jones Truck Lines, Inc.",
  "decision_date": "1968-04-29",
  "docket_number": "5-4571",
  "first_page": "762",
  "last_page": "764",
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    {
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      "cite": "244 Ark. 762"
    },
    {
      "type": "parallel",
      "cite": "427 S.W.2d 18"
    }
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    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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    "name_long": "Arkansas",
    "name": "Ark."
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      "cite": "243 Ark. 487",
      "category": "reporters:state",
      "reporter": "Ark.",
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        8721533
      ],
      "weight": 2,
      "year": 1967,
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        "/ark/243/0487-01"
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  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "JoNes, J., not participating."
    ],
    "parties": [
      "James Robert McCOLLUM v. JONES TRUCK LINES, INC., et al"
    ],
    "opinions": [
      {
        "text": "Conley Byrd, Justice.\nWorkmen\u2019s Compensation claimant James Robert McCollum appeals from a circuit court order upholding the Commission\u2019s finding against him.\nAppellant had been employed by appellee Jones Truck Lines since 1962, first loading and unloading trucks, then driving bob trucks, and during the latter three years or more driving trailer trucks. About one in five of the trailer trucks was refrigerated and appellant averaged driving three refrigerator trucks a week. Appellant has a long medical history with various Little Rock orthopedists. His present orthopedist, Dr. Richard Logue, testified that appellant had been a patient since a toe injury in 1959. His medical history reflects that in 1953 torn cartilage was removed from his left knee and in 1957 from his right knee. Dr. Logue had treated appellant\u2019s right knee \u201cnumerous times\u201d for chronic swelling. This claim relates to appellant\u2019s left knee.\nOn September 2, 1966, appellant, suffering from a swelling knee, left work early. After rest didn\u2019t help, appellant went to St. Vincent\u2019s' emergency room where he saw Dr. Logue early September 3. Dr. Logue was surprised to find appellant had a \u201chugely swollen hot left knee,\u201d and subsequently diagnosed it as a staphylococcus infection in the knee, apparently from staph within appellant\u2019s own body.\nAfter hearing, the referee found that \u201cthe duties of claimant\u2019s employment aggravated a pre-existing 'condition. . . . which aggravation of a pre-existing condition is an accidental injury within the meaning of the Arkansas Workmen\u2019s Compensation Act.\u201d The majority of the full Commission found that there was no \u201cconvincing or substantial medical evidence that the staphylococcus infection in claimant\u2019s left knee resulted from his employment either as an accidental injury or as ap occupational disease\u201d and denied his claim, which denial was affirmed by the Circuit court.\nThe gist of appellant\u2019s argument is that working in and out of the cold in refrigerated trailer trucks had aggravated his knee; that he had complained about being assigned so many refrigerated trucks; and that the cold air hurt his knees and apparently caused the staph to lodge in that knee. The deposition of Dr. Logue introduced before the full Commission does not substantiate appellant\u2019s claim of aggravation of a pre-existing-injury. Dr. Logue pretty well summarized his own testimony as follows:\n\u201cI do not know whether the swelling was caused by the staph infection or whether the staph infection lodged in Ms knee because there was a swelling that was there as a result of aggravation, work and lifting. I certainly do not know without equivocation.\u201d Appellant\u2019s brief states the point concisely:\n\u201cThe point here is whether that pre-existing condition of claimant\u2019s was aggravated by the employment. There is no issue here of occupational disease. . . . The real and only issue here is the \u2018aggravation of a pre-existing condition,\u2019 whatever the cause of the pre-existing condition.\u201d\nOn appeal from circuit court, the point here is whether the judgment of the Commission is supported by substantial evidence. During oral arguments, the parties admitted that the matter here is purely a fact question. It is apparent that the credibility of appellant\u2019s testimony about his complaints and the detrimental effects of working in and around refrigerated trucks during the preceding three years was undermined by his record of bidding each year to drive trailer trucks, when he could have bid for non-refrigerated bob trucks without loss of pay. (Appellee\u2019s employees bid each February for the shift and type of truck they will drive from March to March.)\n\u201c. . . (I)t is not our province to decide contested issues of fact in compensation cases, ... it is the responsibility of the Commission to draw inferences when the testimony is open to more than a single interpretation, and . . the Commission\u2019s findings have the force of a jury verdict. These principles demand that the Commission\u2019s decision in the case at hand be upheld.\u201d Bradley County v. Adams, 243 Ark. 487, 420 S. W. 2d 900 (1967).\nAffirmed.\nJoNes, J., not participating.",
        "type": "majority",
        "author": "Conley Byrd, Justice."
      }
    ],
    "attorneys": [
      "Shelby R. Blaclcmon, for appellant.",
      "Wright, Lindsey & Jennings and Philip S. Anderson, Jr., for appellees."
    ],
    "corrections": "",
    "head_matter": "James Robert McCOLLUM v. JONES TRUCK LINES, INC., et al\n5-4571\n427 S. W. 2d 18\nOpinion delivered April 29, 1968\nShelby R. Blaclcmon, for appellant.\nWright, Lindsey & Jennings and Philip S. Anderson, Jr., for appellees."
  },
  "file_name": "0762-01",
  "first_page_order": 786,
  "last_page_order": 788
}