Heptinstall v. Asplundh Tree Expert Co.

Karen R. Baker, Judge.

The appellant employee in this case, Mark Heptinstall, worked for the employer, As-plundh Tree Expert Company, trimming and cutting trees and brush, clearing fence rows, chipping brush, and anything generally involving trimming and cutting trees and brush. Appellant and his supervisor testified that appellant routinely received scratches to his arm in the process ofperforming tree trimming duties related to his work. On or about November 6, 1999, a Saturday, appellant began to experience pain and discomfort in his left arm. He testified that in addition to the pain,…