Allen v. International Paper Company

202 S.W.3d 13, 202 S.W.3d 20, 89 Ark. App. 266
CourtCourt of Appeals of Arkansas
DecidedFebruary 2, 2005
DocketCA 04-670
StatusPublished
Cited by2 cases

This text of 202 S.W.3d 13 (Allen v. International Paper Company) 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
Allen v. International Paper Company, 202 S.W.3d 13, 202 S.W.3d 20, 89 Ark. App. 266 (Ark. Ct. App. 2005).

Opinion

Terry Crabtree, Judge.

In this workers’ compensation case, the Commission affirmed and adopted the decision of an administrative law judge, which denied the appellant, Dan Allen, additional compensation benefits pursuant to Ark. Code Ann. §11-9-505(a) (Repl. 1996). On appeal, appellant contends that the Commission’s decision is not supported by a substantial basis. We reverse and remand.

Appellant sustained an admittedly compensable injury to his right shoulder on February 28, 2001, while working for the appellee, International Paper. At the time of the hearing, appellant was fifty-eight years old and had worked for appellee for over thirty-nine years. Appellant described his job duties for appellee as:

tearing down motors, cutting the coils out of it, stripping the coils out of it. We bum it first, and then making the coils, putting them back in, dipping it and drying it, putting it back together ... It requires use of both arms and legs, walking and handling equipment.

Appellant testified about the circumstances surrounding his injury as follows:

I was setting up to make coils for a motor and there was a bucket of wire behind me, and I stepped back, and it was close. I knew it was there, but it was closer than I realized, and when I had committed, I just lost my balance and I turned to catch myself, and it didn’t really hurt that bad at the time, but it just kept getting worse.

As a result of his fall, appellant sustained an injury to his right shoulder. Appellant sought treatment from Dr. David Collins, who diagnosed a torn rotator cuff and performed surgery on April 22, 2002. In May 2002, Dr. Collins gave appellant a light-duty release with restrictions to wear his right arm in a sling and only use his right hand for the purpose of writing. Appellee provided appellant with light-duty work. Appellant testified that he performed multiple jobs within his restrictions for appellee. While performing his light-duty work, appellant received his regular weekly wage.

On approximately November 7, 2002, one of appellant’s supervisors told him that he could no longer continue his light-duty work for appellee as the human-resource policy for the company limited light-duty work to ninety days. Appellant told his supervisor that he had been working light duty for more than ninety days. Appellant’s supervisor stated that it was the company’s oversight that had allowed appellant to work past the ninety-day limit.

After appellee sent appellant home, appellant received temporary-total disability benefits, in an amount that was less than he would have received had he continued to work in light duty. On January 12, 2003, appellant’s physician issued a modified light-duty release, which appellant submitted to appellee with a request to return to work. Appellee, however, again refused to return appellant to work until he was fully released by his physician. On January 22, 2003, appellant’s physician gave him an impairment rating and stated that he had reached maximum medical improvement. Appellant returned to work on February 4, 2003, and continued to work for appellee at the time of the hearing.

On appeal, appellant claims that the Commission’s decision to deny him additional benefits based upon its finding that appellee had reasonable cause to refuse to return him to work is not supported by a substantial basis. In reviewing decisions from the Workers’ Compensation Commission, the appellate court views the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission’s findings, and we affirm if the decision is supported by substantial evidence. Carman v. Haworth, Inc., 74 Ark. App. 55, 45 S.W.3d 408 (2001). Substantial evidence exists if reasonable minds could reach the same conclusion. Daniels v. Arkansas Dep’t Human Sen’s., 77 Ark. App. 99, 72 S.W.3d 128 (2002); Lee v. Dr. Pepper Bottling Co., 74 Ark. App. 43, 47 S.W.3d 263 (2001). When a claim is denied because the claimant has failed to show an entitlement to compensation by a preponderance of the evidence, the substantial-evidence standard of review requires us to affirm if the Commission’s opinion displays a substantial basis for the denial of relief. Whitlatch v. Southland Land & Development, 84 Ark. App. 399, 127 S.W.3d 486 (2004).

Arkansas Code Annotated section ll-9-505(a) provides:

(1) Any employer who without reasonable cause refuses to return an employee who is injured in the course of employment to work, where suitable employment is available within the employee’s physical and mental limitations, upon order of the commission, and in addition to other benefits, shall be liable to pay to the employee the difference between benefits received and the average weekly wages lost during the period of refusal, for a period not exceeding one (1) year.
(2) In determining the availability of employment, the continuance in business of the employer shah be considered, and any written mies promulgated by the employer with respect to seniority or the provisions of any collective bargaining agreement with respect to seniority shall control.

Arkansas Act 796 of 1993 mandates that the Commission and the courts construe the provisions of the Act strictly. Wheeler Constr. Co. v. Armstrong, 73 Ark. App. 146, 41 S.W.3d 822 (2001). Strict construction is narrow construction which requires that nothing be taken as intended that is not clearly expressed and that the plain meaning of the language be employed. Id.

At the hearing, the safety supervisor for appellee, Eric Roberts, testified regarding appellee’s human-resource policy pertaining to light duty. It was undisputed that the ninety-day limit was not the product of a collective bargaining agreement. As such, Ark. Code Ann. § 11-9-505 (b) does not apply. Roberts testified about the rationale supporting the ninety-day limit:

There is a time frame in which if an employee is not healing, not being able to work through the elements that they have, there has to be a point where the employee is given an opportunity to go home, to not do physical work and to rest and heal their bodies. That, in my opinion, is what this [policy] is about.

In Toney v. City of Fort Smith, 55 Ark. App. 226, 934 S.W.2d 237 (1996), we held that before Ark. Code Ann. § 11-9— 505(a) is applicable, several requirements must be met. The employee must prove by a preponderance of the evidence (1) that he has sustained a compensable injury, (2) that suitable employment which is within his physical and mental limitations is available with the employer, (3) that the employer refused to return him to work, and (4) that the employer’s refusal to return him to work is without reasonable cause.

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

Related

Vite v. Vite
377 S.W.3d 453 (Court of Appeals of Arkansas, 2010)
Roark v. Pocahontas Nursing & Rehabilitation
235 S.W.3d 527 (Court of Appeals of Arkansas, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
202 S.W.3d 13, 202 S.W.3d 20, 89 Ark. App. 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-international-paper-company-arkctapp-2005.