Tyler Halsey v. Townsend Tree Service Company, LLC

(Affirming Award and Decision of Administrative Law Judge with Supplemental Opinion)

**Injury No. 16-053905**

**Employee:** Tyler Halsey (deceased)

**Employer:** Townsend Tree Service Company, LLC

**Insurer:** Ace American Insurance Company

This workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by § 287.480 RSMo. Having read the briefs, reviewed the evidence, heard the parties' arguments, and considered the whole record, we find that the award of the administrative law judge allowing compensation is supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Law. Pursuant to § 286.090 RSMo, we affirm the award and decision of the administrative law judge with this supplemental opinion.

We find, as a factual matter, that while employee's obesity may have contributed to his heat stroke and resulting collapse and death, his work outside as a laborer in extremely hot weather on July 22, 2016, constituted an unexpected traumatic event or an unusual strain and was the prevailing factor in causing both employee's heat stroke and resulting collapse and death. We note that the exclusion from category of compensable injuries of an injury resulting directly or indirectly from idiopathic causes is in the nature of an affirmative defense to the employer and is not the employee's burden to prove. *Gleason v. Treasurer of the State*, 455 S.W.3d 494, 502. (Mo. App. 2015).

We affirm the administrative law judge's finding that employee's heat stroke and death arose out of and in the course of employee's employment with employer and, accordingly, is compensable under Chapter 287.

This clarification of the administrative law judge's award does not detract from her correct analysis of the evidence in the record or her ultimate legal conclusions.

We affirm and adopt the award of the administrative law judge as supplemented herein.

The award and decision of Administrative Law Judge Maureen Tilley, dated July 31, 2019, is attached and incorporated herein to the extent not inconsistent with this supplemental decision.

Given at Jefferson City, State of Missouri, this **9th** day of April 2020.

**LABOR AND INDUSTRIAL RELATIONS COMMISSION**

**Robert N. Cornejo, Chairman**

**Reid K. Forrester, Member**

**Shalonn K. Curls, Member**

---

**Attest:**

**Secretary**

Employee: Tyler Halsey

Injury No. 16-053905

ISSUED BY DIVISION OF WORKERS' COMPENSATION

FINAL AWARD

Employee: Tyler Halsey (deceased)

Injury No. 16-053905

Dependents: N/A

Employer: Townsend Tree Service Company, LLC

Additional Party: N/A

Insurer: ACE American Insurance

Hearing Date: April 29, 2019

Checked by: MT/kg

SUMMARY OF FINDINGS

1. Are any benefits awarded herein? Yes

1. Was the injury or occupational disease compensable under Chapter 287? Yes

1. Was there an accident or incident of occupational disease under the Law? Yes

1. Date of accident or onset of occupational disease? July 22, 2016

1. State location where accident occurred or occupational disease contracted: Poplar Bluff, Butler County, Missouri

1. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes

1. Did the employer receive proper notice? Yes

1. Did accident or occupational disease arise out of and in the course of the employment? Yes

1. Was claim for compensation filed within time required by law? Yes

1. Was employer insured by above insurer? Yes

1

Employee: Tyler Halsey

Injury No. 16-053905

1. Describe work the employee was doing and how accident happened or occupational disease contracted: Employee was trimming trees and chipping and hauling brush in extreme heat when he collapsed from a heat stroke and died the next day.

1. Did accident or occupational disease cause death? Yes

1. Parts of body injured by accident or occupational disease: Death case

1. Nature and extent of any permanent disability: N/A

1. Compensation paid to-date for temporary total disability: None

1. Value necessary medical aid paid to date by employer-insurer: The employer voluntarily paid medical expenses of $18,322.20

1. Value necessary medical aid not furnished by the employer-insurer: None

1. Employee's average weekly wage: 360.00

1. Weekly compensation rate: 240.00

1. Method wages computation: By agreement

1. Amount of compensation payable: See award

1. Second Injury Fund liability: N/A

1. Future requirements awarded: None

Employee: Tyler Halsey

Injury No. 16-053905

On April 29, 2019, attorneys, Kirk Presley, Sean Brown, and C.H. Parsons appeared, on behalf of the deceased Employee, for a hearing for a final award. The employer was represented at the hearing by its attorneys, George P. Coughlin and William Lemp.

At the time of the hearing, the parties agreed on certain undisputed facts and identified the issues that were in dispute. These undisputed facts and issues, together with the findings of fact and rulings of law, are set forth below as follows:

1. **Covered Employer:** Employer was operating under and subject to the provisions of the Missouri Worker's Compensation Act and liability was fully insured by ACE American Insurance Company.
2. **Covered Employee:** On July 22, 2016, Employee was an employee of Townsend Tree Service Company, LLC, and was working under the Workers' Compensation Act.
3. **Notice:** Employer had notice of Employee's accident.
4. **Statute of Limitations:** Employee's claim was filed within the time allowed by law.
5. **Average Weekly Wage and Rate:** Employee's average weekly wage was 360.00, resulting in a Death Rate Wage of 240.00.
6. **Voluntary medical expenses:** The voluntary medical expenses amounted to $18,322.20.
7. **Voluntary expenses:** Voluntary funeral expenses were paid by Employer-Insurer in the amount of $5,015.61.
8. **Dependents:** There are not any dependents entitled to death benefits.

1. **Accident:** Whether on or about July 22, 2016, the employee sustained an accident or occupational disease arising out of and in the course of his employment.
2. **Medical Causation:** Was Employee's injury and death medically causally related to an accident?
3. **Idiopathic Involvement:** There is a dispute as to whether obesity contributed directly or indirectly to Employee's death and whether obesity qualifies as an idiopathic condition.
4. **Compensability:** Whether the claim is compensable under the Missouri Workers' Compensation Law.

The following exhibits were offered and admitted into evidence:

MNKOI 0001610998

1. Autopsy report
2. Subpoena for deposition of Dr. Russell Deidiker
3. Deposition notice of Dr. Russell Deidiker
4. Quick Entry Report
5. Medical records of Tyler Halsey
6. Mayo Clinic document
7. Certificate of Death
8. Deposition notice of Dr. Kenneth Studyvin
9. Butler County EMT records
10. Heat related claims
11. Tyler Halsey job application
12. Townsend job briefing
13. Photograph of house where injury occurred
14. Satellite photograph of house where injury occurred
15. Deposition notice of Dr. Florence Doman
16. Notes of Dr. Florence Doman
17. Report of Dr. Douglas Casa
18. OSHA report dated 9-1-2017
19. Deposition notice of Dr. John Jardine
20. Dr. John Jardine's CV
21. Report of Dr. John Jardine
22. Excerpts of Tyler Halsey's medical records

A. Tyler Halsey's Death Certificate

B. Physician notes

C. Autopsy report

D. Weather conditions on 07-22-2016

E. Dr. Russell Cantrell's CV

F. Report of Dr. Russell Cantrell

1. Stipulation of facts
2. Photograph
3. Transcript of the deposition of Russell Deidiker, MD
4. Transcript of the deposition of Kenneth Studyvin, MD
5. Transcript of the deposition of Douglas Casa, PhD
6. Transcript of the deposition of Florence Doman, MD
7. Transcript of the deposition of John Jardine, MD

Employee: Tyler Halsey

Injury No. 16-053905

1. Transcript of the deposition of Jeffrey Richardson

1. Transcript of the deposition of Christopher Bennett

1. Transcript of the deposition of Russell Cantrell, MD

The employee, Tyler Halsey ("Employee"), was 23 years old at the time of his death. He was born on September 29, 1993. He weighed approximately 300 pounds and stood 6'1" in height. Employee had never married and had no dependents.

Townsend Tree Service Company, LLC ("Townsend Tree") is an Indiana limited liability company with headquarters in Muncie, Indiana. Townsend Tree provides tree trimming, clearance and integrated vegetation management services for power companies. In July of 2016, Employee was hired by Townsend Tree as a groundsman to work in and around Poplar Bluff, Butler County, Missouri. His job included tree trimming, brush and limb chipping/removal, and other activities associated with Townsend Tree's contract with a local electrical cooperative to remove obstacles around or near electrical lines. Employee's first day at work was July 19, 2016. Prior to that date, Employee had not worked in four years. Employee worked approximately 10 hours a day from July 19-22, 2016. That week was extremely hot. The heat index temperatures during the afternoon of July 22, 2016 in Poplar Bluff ranged from 111 degrees to 114 degrees.

July 22, 2016 was one of the hottest days of the year in Southeast Missouri. The heat index temperature at 2 p.m. that day was approximately 114 degrees. Employee was performing his duties well and was not experiencing any difficulty dealing with the heat on Tuesday, Wednesday, and Thursday. That changed on Friday. While Employee was "all right" at the beginning of the shift that day, his condition changed for the worse after lunch. By the afternoon on Friday, Employee was suffering from heat exhaustion. His fellow employees were similarly feeling the effects of the heat that day and were only able to work for approximately 20 minutes before taking water breaks. Around 4 p.m., Employee was asked to collect some caution signs and in the process of doing so he passed out. A 9-1-1 call was initiated, and EMS was dispatched to the location. Employee was transported to the Poplar Bluff Regional Medical Center, where he died the next day, July 23, 2016. The cause of death was listed as hyperthermia.

The medical records at Poplar Bluff Regional Medical Center noted a chief complaint of unresponsiveness. It was documented that Employee had been cutting trees at work all day, for a tree service company, and then became unresponsive. When he initially presented to the emergency room, his rectal temperature was 108 degrees. He was placed in ice and cooling bath and his temperature subsequently dropped to 105.4 degrees. He was noted to be tachycardic in

Employee: Tyler Halsey

Injury No. 16-053905

the 190s and after three liters/bolus of saline, it decreased to 160, and after an additional three liters, it decreased to the 140s. It was noted that he had been intubated, as he was not able to support his airway. His total CPK was 4,362. He was noted to have a past medical history of morbid obesity, bipolar disorder, and psychosis. On that examination, he was intubated, but it was noted on admission that his blood pressure was 120/90. His urine drug screen was reported to be negative. Dr. Florence Doman provided clinical assessments that included hyperthermia, noting that he had apparently had a heat stroke and had a syncopal episode and became unresponsive. He was described as having acute respiratory failure and acute kidney injury with rhabdomyolysis. It was noted that he was oliguric related to his heat injury. There were no reports of him having diabetes mellitus. It was further noted that EMS had reported that they had received a call for him being unresponsive and that he had been working outside all day cutting trees, and co-workers noted him going down and assisted him to the ground. His red blood cell count and hemoglobin were within normal limits. The