Youngblud v. Fallston Supply Co.

DEBORAH S. EYLER, J. Toot Youngblud, the appellant, was injured in a fall at work. He made a claim for workers’ compensation benefits against his employer, Fallston Supply Co., Inc. (“Fallston Supply”), the appellee. (Fallston Supply’s workers’ compensation insurer also is an appellee.) The Workers’ Compensation Commission (“Commission”) found that Youngblud had sustained an accidental injury in the course of and arising out of his employment, and awarded him compensation benefits. Fallston Supply filed an action for judicial review of that decision in the Circuit Court for Harford County.

Youngblud filed a motion for summary judgment, which Fallston Supply opposed and which was denied by the court on the first day of trial. The case was tried to the court as an “essentially de novo” workers’ compensation appeal. See Baltimore County v. Kelly, 391 Md. 64, 74-75 , 891 A.2d 1103 (2006); Richardson v. Home Mut. Life Ins.

Co., 235 Md. 252, 255 , 201 A.2d 340 (1964). The trial lasted two days, after which the court held the matter sub curia. Soon thereafter, the court issued a 10 page written opinion making findings of fact, discussing the law, and deciding, ultimately, that, although Youngblud’s inju ³⁹³ ries were sustained in the course o/his employment, they did not arise out of his employment. Accordingly, the circuit court reversed the Commission’s award and entered judgment in favor of Fallston.

In this appeal, Youngblud poses three questions, which we quote: “I. DID THE CIRCUIT COURT ERR IN NOT FINDING THAT THE ANSWER TO INTERROGATORY #5 OF THE EMPLOYER AND INSURER WAS NOT AN ADMISSION OF COMPENSABILITY OF THE CLAIMANT’S INJURY?

II

DID THE CIRCUIT COURT ERR IN NOT GRANTING THE CLAIMANT’S (APPELLANT) MOTION FOR SUMMARY JUDGMENT BASED ON [AN] ANSWER TO INTERROGATORY #5 OF THE EMPLOYER AND INSURER?

III

DID THE CIRCUIT COURT ERR IN FINDING THAT THE CLAIMANT (APPELLANT) DID NOT SUSTAIN AN ACCIDENTAL INJURY ARISING OUT OF HIS EMPLOYMENT WITH THE EMPLOYER (APPELLEES) ON SEPTEMBER 23, 2005?” For the reasons that follow, we find no error, and therefore shall affirm the circuit court’s judgment. FACTS AND PROCEEDINGS The following factual summary is based upon the trial judge’s written findings, all of which are supported by competent and material evidence in the circuit court record. Youngblud was hired by Fallston Supply in 2003, as a Computer Aided Design (“CAD”) drafter/junior project manager. Fallston Supply’s business is located in a two-story renovated residential house in Fallston.

At the relevant time, Youngblud’s office was on the second floor. 1 He shared his office with Paul Madigan, another employee. ³⁹⁴ As a teenager, Youngblud was diagnosed with Type I (insulin-dependent) diabetes. Since October 2008, he has been treated by Philip A. Levin, an endocrinologist. He also is monitored by Dr. Levin’s diabetes medical team. Youngblud’s treatment includes medication, nutritional restrictions, and exercise.

He checks his blood sugar level several times during the day to determine whether it is in the normal range, or whether it is too low (ie., whether he is hypoglycemic). If his blood sugar is too low, he will elevate it by eating or drinking something or taking a glucose pill. Before the accident date in this case — September 23, 2005— Youngblud had experienced some hypoglycemic episodes, brought on by his diabetes. His symptoms during an episode would vary.

Sometimes he would become shaky, “lightheaded,” confused, and hungry. When he felt a hypoglycemic episode coming on, he would test his blood sugar and, if necessary, get something to drink or eat or take a glucose tablet. Dr. Levin had noted that Youngblud sometimes experienced hypoglycemia in the late mornings. Youngblud’s daily work routine, as relevant to this case, was to pack his lunch and arrive at the office at 8:00 a.m.

He would put his lunch in the refrigerator in the kitchen, on the first floor, and would go to his office on the second floor. Usually, he would check his blood sugar sometime during the morning. Around 10:00 a.m., he would go downstairs to the kitchen and eat or drink something sweet. He then would return to his office and continue working until around noon, when he would go downstairs and eat his lunch.

The house in which Fallston Supply’s business is located has a typical residential staircase. There is a landing at the top of the stairs on the second floor, with a ceiling light and a window. Ten steps lead straight down, to a small landing and, facing straight ahead, a wall. From the small landing, there is one step, to the left, to the first floor.

As one walks down the ³⁹⁵ staircase, a wall is to the right and a wooden bannister is to the left, ending at the bottom of the small landing. The staircase is the only means of access between the first and second floors of the house. Because Youngblud’s office was on the second floor, he had to walk up and down the staircase during the workday. On the day of the accident, Youngblud arrived at work at the usual time.

He checked his blood sugar and it was 80, which is in the normal range. At about 10:00 a.m., he went downstairs to the kitchen and ate some grapes. He returned to his office on the second floor until shortly before noon. While in his office, he started to feel lightheaded and decided to go downstairs and outside to get some air before eating lunch.

He got up, walked to the top of the staircase, and fell down, landing on the small landing, with his head wedged against the wall. Youngblud has almost no memory of what happened when he fell, other than of waking up on the small landing. Madigan realized that Youngblud had fallen, rushed to his side, and yelled out that Youngblud was unconscious and that someone needed to call 911. Fallston Supply’s president, Renee Connelly, heard a thump, followed by “boom, boom, boom, boom,” and found Youngblud at the bottom of the stairs, on the small landing.

Youngblud regained consciousness while Mrs. Connelly and others were waiting for the emergency personnel to arrive. They did not want to move him for fear of compounding his injuries. Youngblud told Mrs. Connelly that he had felt lightheaded. The EMS personnel arrived on the scene approximately 6 minutes after the 911 call came in.

They checked Youngblud’s blood sugar and found it to be 58, which is low. They gave him glucose and dextrose to elevate his blood sugar. Rebecca Gibbons, one of the medical personnel who responded, spoke to Youngblud. He told her that he had fallen down the stairs when he was going to get something to eat.

George Connelly, the company’s vice president (and Mrs. Connelly’s husband) and Madigan each had interactions with ³⁹⁶ Youngblud soon after the fall, when he woke up. Youngblud told Mr. Connelly that he was in his office when he started not to feel well, and decided to go outside. (He also said he had “given himself a shot.”) At the top of the stairs, he felt lightheaded. That is the last thing he could remember.

Youngblud also told Madigan that he had felt lightheaded and had decided to go downstairs to get something to eat. Youngblud was transported to the University of Maryland Shock Trauma Center. His medical records state as a history that he developed lightheadedness and fell down ten steps. They further state, in diagnosis, that Youngblud’s lightheadedness and dizziness were secondary to a hypoglycemic episode.

The history reported by the medical personnel states that the primary reason for Youngblud’s injury was “hypoglycemia (low blood sugar).” At trial, there was “no evidence of any defects or abnormalities in the carpeting on the stairs or any defects, abnormalities, or unusual condition on the stairs themselves,” at the time of the fall. Nor was there any evidence of “obstructions, poor lighting or any other unusual condition applicable to either [Youngblud’s] office or the stairs.” As we have explained, Youngblud filed a request for benefits "with the Commission, which Fallston Supply opposed. The Commission held a hearing on January 31, 2006, on the following issues: “1. Did the employee sustain an accidental injury arising out of and in the course of employment? 2.

Is the disability of the employee the result of an accidental personal injury arising out of and in the course of employment? [and] 3. Temporary total disability benefits.” In pertinent part, the Commissioner found: [T]he claimant sustained an accidental injury arising out of and in the course of employment on 9/23/05, that the disability of the claimant is the result of the aforesaid accidental injury, and that as a result thereof the claimant was temporarily totally disabled from 9/24/05 to present and continuing. Further finds that defense of idiopathic condition is denied (stair case condition contributed to the fall). ³⁹⁷ In his memorandum opinion reversing the Commission’s award, the trial judge found, based on the facts we have recited above, that Youngblud fell down the stairs because he suffered a hypoglycemic episode. Thus, his injuries “were unquestionably precipitated by his personal idiopathy — diabetes.” In that circumstance, resulting injuries only are compensable if the “idiopathic event was aggravated or triggered by some facet of the employment” or “some facet of the employment contributed to the hazard created by the idiopathic event.” However, “[ejmployees using the stairs is not unusual.

There is nothing unique about it.” The court concluded that, because the diabetes-induced fall was not aggravated or triggered by some facet of Youngblud’s employment, and because no facet of the employment contributed to a hazard created by the diabetes-induced fall, Youngblud’s injuries did not arise out o/his employment. We shall include additional facts as necessary to our discussion of the issues. DISCUSSION I & II These issues are interrelated, and so we will address them together. In the circuit court judicial review action, Youngblud propounded interrogatories to Fallston Supply, including Interrogatory 5, as follows: If you contend [that Youngblud] sustained no disability as a result of an accidental injury arising out of and in the course of employment, state all the facts upon which you base this contention.

Fallston answered, “No such contention.” Before trial, Youngblud filed a “Motion for Summary Judgment or, in the Alternative, Motion to Exclude Evidence, Inconsistent with Discovery From Trial.” He argued that Fallston Supply’s answer to Interrogatory 5 was an admission that “the injury is compensable,” which entitled him, as a ³⁹⁸ matter of law, to an affirmance of the Commission’s decision. Fallston Supply opposed the motion. The court took the motion up at the outset of the first day of trial. It implicitly denied the motion, explaining: Quite frankly, I don’t see it that way to be quite honest with you [referring to Youngblud’s lawyer].

The issue of whether or not there is any disability is separate and apart from whether or not whatever happened is compensable. You can separate those out as you all know when you’re at the Commission and you submit issues there is [accidental injury], causal connection, all of those things. So really the narrow issue here is not so much the nature and extent of disability as it is whether or not it’s compensable at all, right? Counsel for the parties both acknowledged that the court was correct.

Youngblud’s lawyer then remarked that there was no dispute that Youngblud was acting within the scope of his employment when the accident occurred, and counsel for Fallston Supply replied: ____[W]hat we will contend is that the injury did not arise out of and in the course of [his employment]. It’s a two pronged test, one being time and place, which we agree he was at work, and the other being the conditions of the occupation which his was a CAD operator. You understand. The court responded, “I do,” and then said, “it’s de novo,” and asked counsel to go forward with their opening statements, which they did.

On appeal, Youngblud contends the circuit court erred by “not finding” that Fallston Supply’s answer to Interrogatory 5 “was not an admission of compensability” and further erred by not granting summary judgment in his favor based upon that admission. Fallston Supply responds that these issues are not properly before this Court for review, because the court did not rule on Youngblud’s motion for summary judgment or to preclude evidence, and therefore there is not a final, appeal-able judgment to be challenged. Fallston Supply further responds that the contention lacks merit in any event. ³⁹⁹ Fallston Supply’s appealability argument is not meritorious. There is a final judgment in this case.

It was entered after trial, by order accompanying the court’s memorandum opinion. The fact that the court did not expressly deny the motion for summary judgment when it was considered, prior to trial, and the fact that there is no written document entered in the record stating that the motion for summary judgment was denied do not mean that there is no final judgment in this case or that this Court cannot review the question whether the court erred by not granting summary judgment, as requested. The trial judge reasonably would have thought, from the statements of counsel — especially counsel for Youngblud— made with respect to the summary judgment issue that Youngblud was conceding that any concession about “disability” is not equivalent to a concession about “compensability,” and therefore the summary judgment request was not meritorious. Even if counsel for Youngblud did not intend to concede on that issue, the trial judge’s remarks and the fact that he called the case for trial makes plain that he was denying Youngblud’s motion for summary judgment.

As noted above, after trial, a final judgment was entered, which was appealable. A party appealing from a final judgment can raise, in that appeal, challenges to interlocutory rulings, including the denial of a motion for summary judgment. See Maryland State Board of Educ. v. Bradford, 387 Md. 353, 382-83 , 875 A.2d 703 (2005). Therefore, Youngblud’s argument that the trial court erred in denying his summary judgment motion is properly before this Court on appeal.

We reject Youngblud’s contention on its merits, however. The decision to grant or deny a motion for summary judgment is reviewed de novo. Livesay v. Baltimore County, 384 Md. 1, 9 , 862 A.2d 33 (2004). The circuit court may grant summary judgment if there is no genuine dispute of material fact and, on the undisputed material facts, the moving party is entitled to judgment as a matter of law.

Haas v. Lockheed Martin Corp., 396 Md. 469, 479 , 914 A.2d 735 (2007). ⁴⁰⁰ Youngblud’s Interrogatory 5 is inartful in its use of double negatives, clauses that are not clear in their significance, and undefined terms. Depending upon how the Interrogatory is read, Fallston Supply’s answer could mean: 1) it was not contending that Youngblud did not sustain a disability; 2) it was not contending that Youngblud did not sustain a disability due to an accidental injury; or 3) it was neither contending that Youngblud did not a) sustain a disability; b) sustain that disability as a result of an accidental injury; c) sustain that disability arising out of his employment; or d) sustain that disability in the course of his employment. On appeal, Youngblud argues that the Interrogatory had to have been read to require Fallston Supply to answer that it was, or was not, contending that he did not sustain a disability, did not sustain a disability as a result of an accidental injury, did not sustain a disability arising out of his employment, and did not sustain a disability in the course of his employment and, therefore, its answer, “No such contention,” was an admission that Youngblud’s injuries in the accident arose out of his employment. It is clear from the exchange about the summary judgment motion between the court and counsel that the trial judge was reading Interrogatory 5 as a question about disability, and not about anything else, including compensability.

That is a reasonable way to read this very confusing Interrogatory. And, when the trial court made its reading of the Interrogatory known, counsel for Youngblud did not make an argument to the contrary. We do not fault the trial judge for reading Interrogatory 5 narrowly, as an inquiry into contentions about disability, and not broadly, as an inquiry into contentions about additional issues, such as whether any disability suffered was the result of an accidental injury and/or arose out of and in the course of employment. If Youngblud had wanted to elicit