Acker v. Charles R. Burklew Construction

I respectfully dissent and would reverse, finding that the facts of this case demonstrate that the claimant’s employment required greater exertion than he encountered in non-work conditions. At the time of his injury, claimant was working as a lead carpenter for the employer, Burklew Construction, on new construction at a residential development. Claimant’s duties as lead carpenter were to make sure the work under his direction was accomplished and that it was done in an orderly and proper manner. His supervisory position imposed these responsibilities in addition to the duties normally…