Man hurt with ball bat to get claim rehearing
By John Moritz
PINE BLUFF, ARKANSAS
This article was published today at 3:15 a.m.
Former Pine Bluff Housing Authority employee Leroy Dorn Jr., is entitled to have his workers' compensation claims heard again, regardless of whether he provoked the co-worker who injured him with a baseball bat, the Arkansas Court of Appeals ruled Thursday.
Three appeals court judges reversed and remanded the case back to the state Workers' Compensation Commission, which had previously determined that the injured ex-employee was an "active participant" in the altercation in May 2015.
The attacker, Bruce Spicer, pleaded guilty to battery earlier this month and received probation.
Spicer told his boss at the city's Housing Authority that a co-worker, Leroy Dorn Jr., had threatened him with a knife on May 4, 2015, and accused him of stealing personal items and cleaning supplies, according to court filings.
Those records say bosses scheduled a meeting over the dispute the next day, and Spicer came armed with a wooden bat.
A Pine Bluff police officer testified that Spicer would not stop hitting Dorn in the parking lot outside their work until the officer threatened to use a stun gun on him.
Dorn's injuries included a missing tooth, broken bones on his face and a bruised elbow.
Both Dorn and Spicer were fired by the Housing Authority.
An administrative law judge awarded Dorn temporary workers' compensation benefits that July.
Both parties appealed -- with Dorn seeking further benefits -- but the Workers' Compensation Commission reversed the judge's decision and said Dorn's injuries were not covered by the law because they resulted from "personal animus for Spicer."
An opinion by Court of Appeals Chief Justice Rita Gruber, released Thursday, said it should not matter whether Dorn had issues with Spicer.
"Although his employer knew of the trouble between Dorn and Spicer and knew that they would arrive by 8:00 a.m. in the morning, no member of the supervisory staff had arrived for work when the attack took place," Gruber wrote.
Gruber, joined by two other judges, did not rule on Dorn's contention that he deserved more benefits, leaving that decision to the Workers' Compensation Commission.
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Housing authority employee arrested on battery charges against
Bruce Wayne Spicer, 48
Friday Posted May 8, 2015 at 2:29 AM
A employee of Pine Bluff Housing Authority was arrested Wednesday after he allegedly beat another employee with a baseball bat.
A employee of Pine Bluff Housing Authority was arrested Wednesday after he allegedly beat another employee with a baseball bat.
Bruce Wayne Spicer, 48, allegedly struck another employee, Leroy Dorn Jr., who also worked for the housing authority, several times in the head, face and across his body, according to a probable cause affidavit from Detective Michael Merritt.
According to the affidavit, an of-duty officer was at 1401 Cottonwood Circle around the leasing office area when she saw a battery take place in her presence. Dorn asked the officer to assist him, and when she turned in Dorn’s direction, saw another man, later identified as Spicer, hit Dorn in the face with a stick.
Merritt said in the affidavit that the officer repeatedly yelled for Spicer to stop, but he refused until she pulled her Taser, removed the cartridge and sparked the Taser toward him, at which point Spicer dropped the stick. Spicer was asked by the off-duty officer why he struck Dorn and allegedly said Dorn had pulled a knife on him May 4.
Spicer said Dorn had confronted him about missing cleaning supplies and other personal belongings of his and the stick that was used was a small red-and-black Rawlings baseball bat.
Merritt said he spoke to Dorn at the hospital and Dorn allegedly said that sometime last week, his personal belongings were missing from an apartment he was cleaning. He said he asked other coworkers and said when he asked Spicer on May 5, he and Spicer began arguing. Dorn said he told his supervisors about the incident and they were going to meet on the day of the incident. Dorn also said he and another coworker, Robert Terry, walked by Spicer’s vehicle and spoke to him as normal, and Dorn said “Spicer became irate and said (expletive) I am going to (expletive) you up.” He said he saw Spicer reach back inside his vehicle and retrieve a bat, and Dorn said Spicer struck him in the face and continued striking him until the off-duty officer stopped him.
At the emergency room, Dorn was told that part of the left side of his face was fractured and the left eye retina and sinus cavity were damaged.
Pine Bluff District Judge John Kearney on Thursday set a $100,000 bond for Spicer after ruling prosecutors had probable cause to charge him with first-degree battery.