TAYLOR HUGHES, Claimant,
v.
DAKOTA MILL AND GRAIN, INC., Employer,
and
DAKOTA TRUCK UNDERWRITERS, Insurer.
HF No. 56, 2017/18
South Dakota Workers Compensation
Dakota Department of Labor & Regulation Division of Labor And Management
September 21, 2018
DECISION
Joe
Thronson Administrative Law Judge
This is
a workers’ compensation case brought before the South
Dakota Department of Labor & Regulation, Division of
Labor and Management pursuant to SDCL 62-7-12 and ARSD
47:03:01. The case was heard by Joseph Thronson,
Administrative Law Judge, on May 11, 2018, in Pierre, South
Dakota. Claimant, Taylor Hughes, was present and represented
by Brad Lee of Beardsley, Jensen, and Lee. Employer, Dakota
Mill and Grain, Inc., and Insurer, Dakota Truck Underwriters,
were represented by Charles Larson, of Boyce Law Firm.
ISSUE
PRESENTED
I.
WAS CLAIMANT’S JUNE 2016 INJURY A MAJOR CONTRIBUTING
CAUSE OF HIS CURRENT CONDITION?
FACTS
Claimant,
Taylor Hughes, was 30 years old at the time of the hearing.
Claimant left school in the 9th grade to enter the
work force. After leaving school, Claimant began working for
his father’s company CCI. While there, Claimant, a
general laborer, shoved and poured concrete, built rebar
cages and caissons, and operated a front-end loader. While
working with CCI, Claimant traveled extensively throughout
the United States including Puerto Rico. Claimant testified
that he left CCI because of extended periods of time away
from home and a personality conflict with his father.
In
2008, Claimant began working at Zarecky’s Midwest
Construction in Pierre, South Dakota, where he performed
tasks similar to those he performed with CCI. Claimant then
went to work for Rose Construction, also located in Pierre.
Claimant was employed for Rose for three years doing general
construction and operating heavy machinery. Claimant
testified that employees also performed tasks on the
owner’s ranch when construction work was slow.
In
2010, while Claimant was working for Rose Construction, he
first began suffering back pain. Claimant underwent a lumbar
microdiscectomy in January of 2011, but the pain in
Claimant’s back soon returned. An MRI revealed that a
cyst had grown over the surgery spot which required doctors
to perform another microdiscectomy in August of 2011.
Claimant’s
condition improved significantly over the next several months
and Claimant started work at Christensen Hog Farm in 2012.
Shortly after starting at the hog farm, Claimant returned to
work with Rose Construction. Claimant then left to take a job
with ELM Locating in March of 2013. The job required a great
deal of travel around the state which caused stress on
Claimant’s marriage and Claimant returned to Pierre in
June 2016. Claimant then began working for Clearly Building
Corp. Claimant left that job in October of 2016 and went to
work for Scott Fencing in Ft. Pierre. However, this job
required Claimant to work long hours which again put strain
on his marriage. Claimant then took a job delivering vehicle
parts for NAPA in December 2016.
Claimant
began work for Employer, Dakota Mill and Grain, in early
2017. Claimant’s duties there included unloading trucks
and dumping them into grain bins or train cars. Due to the
mechanization of the unloading process, Claimant was
responsible for making sure belts and machinery were
adequately lubricated and working properly. Claimant also
performed a number of side projects including pouring
concrete and landscaping. While working for Dakota Grain and
Mill, Claimant routinely worked between 50-60 hours per week.
Prior
to beginning his job with Employer, Claimant was required to
take a physical. The physical exam form reported Claimant had
no symptoms and Claimant testified that he was feeling
“100 percent” at the time he began working for
Employer.
At the
time of his injury, Claimant had been working on a project at
Employer’s building for approximately two weeks.
Claimant was removing a concrete floor in order to move a
number of above-ground pipes underground to allow vehicles to
drive over them. Claimant first used a concrete saw to cut
the concrete into chunks and used a jack hammer to break them
up. Claimant then moved several landscaping bricks in place
to so that trucks could drive over the area. Claimant was
also required to dig down four feet in order to cut off and
cap the pipes that had been sticking out of the ground.
Finally, Claimant built a dirt ramp to allow vehicles to
access the area. Claimant did all of this while also
performing his regular duties for Employer.
Claimant
testified that on June 22, 2017, he was operating a Bobcat to
place landscaping blocks in place...
