Air Compressor Equipment v. Sword

11 S.W.3d 1, 69 Ark. App. 162, 2000 Ark. App. LEXIS 80
CourtCourt of Appeals of Arkansas
DecidedFebruary 23, 2000
DocketCA 99-922
StatusPublished
Cited by23 cases

This text of 11 S.W.3d 1 (Air Compressor Equipment v. Sword) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Air Compressor Equipment v. Sword, 11 S.W.3d 1, 69 Ark. App. 162, 2000 Ark. App. LEXIS 80 (Ark. Ct. App. 2000).

Opinion

John B. ROBBINS, Chief Judge.

In this appeal from an award of benefits by the Workers’ Compensation Commission, appellant Air Compressor Equipment Company appeals the award of (1) eleven weeks of permanent partial disability benefits for the loss of appellee’s toe, and (2) the costs of fitting, and training appellee to use, a myoelectric prosthetic device for his right hand. Appellee cross-appeals the denial of his request for travel expenses associated with his rehabilitative college education. We affirm on direct appeal and reverse and remand on cross-appeal.

Appellee Arvid Sword worked for Air Compressor Equipment Company as a service technician. On September 20, 1996, he sustained an admittedly compensable injury when he was working on a large air compressor at the Whirlpool Corporation in Fort Smith, Arkansas. A piston inside the compressor fired in such a manner that his right hand was severely injured, amputating all fingers and the thumb, essentially leaving only a small portion of the hand past the wrist. He was right-hand dominant. After emergency surgery to clean and repair the remaining bone and tissue, his plastic and reconstructive surgeon recommended using one toe from each of his feet to reconstruct two functioning digits on the stump of his right hand, thus eliminating the need for a prosthetic device. The surgeon stated that this kind of reconstructive surgery had a ninety to ninety-five percent success rate. Appellee consented to the surgery, and appellant agreed to pay for the surgery. The surgery was unsuccessful because the first attached toe necrosed due to lack of blood circulation and had to be removed. Appellee was left with a stump without use. Because the surgeon did remove one toe of his left foot in the first step of this reconstructive effort, appellee requested compensation for the loss of his toe. Appellee also requested that his employer pay for a myoelectric prosthesis, as opposed to a conventional hook prosthesis. It was mutually agreed that appellee would not be able to return to manual labor and that appellee desired to enter college in order to become a high school mathematics teacher. Appellee entered a written agreement with appellant in which appellant agreed to pay for this education for two semesters but did not agree to pay for appellee’s mileage costs.

Appellant paid all related medical bills, temporary total disability, permanent partial disability benefits, and the cost of two semesters of classes as Arkansas Tech University. Appellant controverted the claim as to (1) the myoelectric prosthetic device, (2) scheduled benefits for the lost toe, and (3) mileage costs for appel-lee’s travel to and from the university. The administrative law judge and the Commission found that the loss of the toe was a compensa-ble consequence of his work-related injury and that the myoelectric prosthesis was reasonably necessary medical treatment. The administrative law judge found that the mileage was compensable, but the Commission did not. Before us now are appellant’s appeal of the awards of scheduled benefits for the lost toe and the myoelectric prosthetic device, and appellee’s cross-appeal of the denial of mileage costs.

In reviewing the Commission’s decision on a question of fact, we will affirm the Commission if its decision is supported by substantial evidence; substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Branscum v. RNR Constr. Co., 60 Ark. App. 116, 959 S.W.2d 429 (1998). The evidence is viewed in the light most favorable to the findings of the Commission and is given its strongest probative value in favor of the Commission’s decision. Barrett v. Arkansas Rehabilitation Servs., 10 Ark. App. 102, 661 S.W.2d 439 (1983). The question is not whether the appellate court might have reached a different conclusion from the one found by the Commission if it were reviewing the case de novo, or even whether the evidence would have supported a contrary finding. Tyson Foods, Inc. v. Disheroon, 26 Ark. App. 145, 761 S.W.2d 617 (1988). The Commission’s decision should not be reversed unless it is clear that fair-minded persons could not have reached the same conclusions if presented with the same facts. Johnson v. Democrat Printing and Lithograph, 57 Ark. App. 274, 944 S.W.2d 138 (1997).

Appellant agrees that appellee is entitled to a prosthesis but disagrees that it should have to pay for the more costly and sophisticated one. A myoelectric prosthesis is more convenient and has better function than a traditional hook prosthesis. The more sophisticated functions include pinchers that would allow the user some dexterity based upon electric signals from his forearm muscles; less bulk in that it is attached only to the arm itself; and it can be used with variable grip strength. The conventional hook could only be opened and closed by conscious shrugging of the shoulders; would be limited in the body positions that would allow opening and closing of the hook; and is bulkier and requires a body harness to keep it in place. The conventional hook could not be opened or closed if appellee was reaching overhead or to the back and could only be used with an invariable grip force. In short, the myoelectric prosthesis would give appellee substantially greater control and would be much easier to utilize than the conventional hook.

The cost difference is significant. A prosthetic orthotist testified that, according to the “real world” fee schedules, one could expect the price of a myoelectric prosthesis to cost about $18,428, whereas a conventional prosthesis would cost about $4,596. The reconstructive surgeon disagreed with those figures, stating that a myoelectric prosthesis would cost between $10,000-115,000. The Commission had before it the letter of appellee’s surgeon, who stated that appellee “would be best fitted with a neuro electric device, as it is more functional, and this gendeman will require the dexterity of this device” and “this myoelectric device will be best suited for his future needs.” His surgeon went further, stating that not allowing him the myoelectric prosthesis was “totally unacceptable.”

Employers must provide medical services, including artificial limbs, that are reasonably necessary for treatment of compensable injuries. Ark. Code Ann. § ll-9-508(a) (Repl. 1996). Whether a medical procedure or device is reasonable and necessary treatment is a question of fact to be decided by the Commission. Arkansas Dep’t of Correction v. Holybee, 46 Ark. App. 232, 878 S.W.2d 420 (1994); Deboard v. Colson Co., 20 Ark. App. 166, 725 S.W.2d 857 (1987); Wright Contracting Co. v. Randall, 12 Ark. App. 358, 676 S.W.2d 750 (1984).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Searcy School District and Arkansas School Boards Association v. Bobby Allen
2020 Ark. App. 149 (Court of Appeals of Arkansas, 2020)
Wright v. Conway Freight
2014 Ark. App. 451 (Court of Appeals of Arkansas, 2014)
Walker v. Fresenius Medical Care Holding, Inc.
2014 Ark. App. 322 (Court of Appeals of Arkansas, 2014)
Whedbee v. North Dakota Workforce Safety & Insurance Fund
2014 ND 79 (North Dakota Supreme Court, 2014)
Styron Earl Hale v. State
Court of Appeals of Texas, 2013
Bailey, Clarence v. State
Court of Appeals of Texas, 2013
Martin Charcoal, Inc. v. Britt
284 S.W.3d 91 (Court of Appeals of Arkansas, 2008)
Formosa Plastics Corp., USA v. Kajima International, Inc.
216 S.W.3d 436 (Court of Appeals of Texas, 2006)
Clairday v. the Lilly Co.
234 S.W.3d 347 (Court of Appeals of Arkansas, 2006)
Allen Canning Co. v. Woodruff
212 S.W.3d 25 (Court of Appeals of Arkansas, 2005)
Hargis Transport v. Chesser
190 S.W.3d 309 (Court of Appeals of Arkansas, 2004)
Arbaugh v. AG Processing, Inc.
184 S.W.3d 53 (Court of Appeals of Arkansas, 2004)
Epoxyn Products, Inc. v. Padgett
138 S.W.3d 118 (Court of Appeals of Arkansas, 2003)
Heritage Baptist Temple v. Robison
120 S.W.3d 150 (Court of Appeals of Arkansas, 2003)
Collins v. Lennox Industries, Inc.
75 S.W.3d 204 (Court of Appeals of Arkansas, 2002)
Sharp County Sheriff's Department v. Ozark Acres Improvement District
57 S.W.3d 764 (Court of Appeals of Arkansas, 2001)
Emerson Elec. v. Gaston
58 S.W.3d 848 (Court of Appeals of Arkansas, 2001)
Wackenhut Corp. v. Jones
40 S.W.3d 333 (Court of Appeals of Arkansas, 2001)
Cox v. Klipsch & Associates
30 S.W.3d 764 (Court of Appeals of Arkansas, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
11 S.W.3d 1, 69 Ark. App. 162, 2000 Ark. App. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/air-compressor-equipment-v-sword-arkctapp-2000.