Henley v. Roadway Express

OPINION

FONES, Justice.

This is a direct appeal in a worker’s compensation case by the employer from a decree awarding plaintiff, the employee, 75% permanent partial disability of the body as a whole. The determinative issue is whether plaintiff’s mental disorder, depressive neurosis, which was alleged to have been caused or aggravated by third shift work and an inability to sleep in the daytime, arose out of and in the scope of his employment.

The material facts are not in dispute. During the years relevant to this litigation, plaintiff was employed as an OS and D clerk. As such, he dealt with…