Eddie's Service Center v. Donna Thomas Administratrix of the Estate of Eddie Ray Thomas, Jr.
2016 Ky. LEXIS 568
Ky.2016Background
- Eddie Ray Thomas, Jr., manager of a family service center and on-call tow operator, died after strenuous attempts to extricate a truck from a culvert on Jan. 21, 2010; only eyewitness testimony comes from his widow Donna and co-worker Samuel Bailey.
- Bailey described repeated climbs up/down a steep embankment and physical exertion immediately before Eddie complained of chest pain, collapsed, received CPR, and later died at a hospital.
- Estate’s expert (Dr. Handshoe) opined that intense physical and emotional stress triggered plaque rupture, myocardial infarction, and sudden cardiac death; employer’s expert (Dr. Roseman) attributed death to chronic ischemic heart disease/angina unrelated to work exertion or acute plaque rupture.
- ALJ credited Dr. Roseman and denied benefits; Workers’ Compensation Board affirmed; Court of Appeals reversed and remanded for benefits; Kentucky Supreme Court affirms Court of Appeals.
- Central legal questions: whether employer presented substantial evidence to rebut the statutory presumption that a decedent’s injury/death is work related (KRS 342.680), and whether Dr. Roseman’s opinion qualified as substantial evidence given factual inaccuracies, failure to consider acute work-related stress, and internal inconsistencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether employer rebutted statutory presumption that death was work-related | Estate: eyewitness and expert evidence show exertion and acute stress at work precipitated cardiac event | Service Center: Dr. Roseman’s medical opinion shows death due to chronic ischemic disease, not work activity or stress | Employer's expert did not provide "substantial evidence"; presumption stands; remand for award to Estate |
| Whether ALJ may rely on Dr. Roseman’s opinion despite factual errors | Estate: ALJ relied on flawed opinion that mischaracterized exertion and ignored stress | Service Center: ALJ properly weighed competing expert opinions and credibly found Dr. Roseman persuasive | Court: opinion is not substantial because it rests on inaccurate factual history and legal misinterpretation, so ALJ erred relying on it |
| Whether emotional stress (mental component) can be considered when harm is physical (mental-physical vs mental-mental) | Estate: increased work-related anxiety is a contributing factor to a physical cardiac injury and is compensable | Service Center/Dr. Roseman: stress is a chronic personal trait and not compensable under KRS 342.0011(1) | Court: McCowan controls — mental-physical claims are compensable; Dr. Roseman improperly excluded stress from causation analysis |
| Standard for overturning ALJ findings on appeal | Service Center: appellate courts should not reweigh evidence; ALJ discretion to judge credibility | Estate: substantial-evidence standard requires rejecting non-substantial expert reports; appellate review appropriate when evidence cannot reasonably support ALJ’s reliance | Court: affirmed Court of Appeals — ALJ’s reliance on non-substantial evidence was legally erroneous and reversal was proper |
Key Cases Cited
- Khani v. Alliance Chiropractic, 456 S.W.3d 802 (Ky. 2015) (ALJ has discretion to weigh credibility and evidence)
- Special Fund v. Francis, 708 S.W.2d 641 (Ky. 1986) (burden on appealing party when evidence fails to convince ALJ)
- Ira A. Watson Department Store v. Hamilton, 34 S.W.3d 48 (Ky. 2000) (ALJ decision should not be overturned unless unreasonable under evidence)
- AK Steel Corp. v. Adkins, 253 S.W.3d 59 (Ky. 2008) (effect of rebuttable presumptions and burden-shifting explained)
- Smyzer v. B.F. Goodrich Chemical Co., 474 S.W.2d 367 (Ky. 1971) (definition of substantial evidence)
- Cepero v. Fabricated Metals Corp., 132 S.W.3d 839 (Ky. 2004) (physician opinion based on substantially inaccurate history cannot be substantial evidence)
- McCowan v. Matsushita Appliance Co., 95 S.W.3d 30 (Ky. 2002) (compensable mental-physical claims: emotional trauma that produces physical harm may be compensable)
- Paramount Foods, Inc. v. Burkhardt, 695 S.W.2d 418 (Ky. 1985) (ALJ as factfinder with sole discretion to judge credibility)
- Western Baptist Hosp. v. Kelly, 827 S.W.2d 685 (Ky. 1992) (appellate role in workers’ compensation cases limited to legal or novel questions)