Bates v. Frost Logging Co.

827 S.W.2d 664, 38 Ark. App. 36, 1992 Ark. App. LEXIS 294
CourtCourt of Appeals of Arkansas
DecidedApril 8, 1992
DocketCA 91-299
StatusPublished
Cited by14 cases

This text of 827 S.W.2d 664 (Bates v. Frost Logging Co.) 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
Bates v. Frost Logging Co., 827 S.W.2d 664, 38 Ark. App. 36, 1992 Ark. App. LEXIS 294 (Ark. Ct. App. 1992).

Opinion

James R. Cooper, Judge.

This appeal is from a decision of the Workers’ Compensation Commission. The full Commission reversed the decision of the administrative law judge and denied the appellant benefits on a finding that he failed to prove by a preponderance of the evidence that his back injury was caused by a work-related accident.

For reversal, the appellant contends that this finding was not supported by substantial evidence, and that the facts found by the Commission do not support its opinion and order. We agree, and reverse the decision of the full Commission.

The appellant was employed by the appellee, Frost Logging Company in April 1988, when he fell off a log truck while marking footage on loaded logs. He testified before the administrative law judge that his employer was about to drop a log on his hand and he stepped back to avoid it. When he did, the loader swung around, jerking and vibrating the truck and he fell, unable to hold onto the slick logs. He immediately felt tingling in his back, left hip and left leg but returned to work the following day. Bobby Jones, the appellant’s co-employee, testified that after the fall, the appellant “was kind of stove up like arthritis” for the next day or two; that later he “was slow about moving and he had trouble throwing his chains (to bind' the logs), and Joe (the employer) had to throw his chains for him every once in a while... He didn’t trim limbs or run the chain saw after that either.” Mr. Jones further stated that the appellant was able to perform all of his duties before the fall, describing him as “gung-ho ... working hard”, and that after the fall he noticed the appellant having periodic back problems.

The appellant continued in his employment until July 1988, when he was forced to quit due to respiratory problems attributed to carbon monoxide poisoning. He met with an attorney at that time to seek assistance in obtaining financial assistance from his employer for the medical bills associated with his respiratory problems. He did not discuss the work-related fall or back injury with his attorney at that time.

In September 1988, the appellant was hospitalized primarily for the respiratory problems but complaints of lumbar pain and back pain were noted in the narrative reports. A CAT scan conducted in November showed that the appellant had a herniated disc, and he subsequently underwent surgery for his back. He was assigned a permanent partial disability rating of 10 percent to the body as a whole after the surgery, and was awarded temporary total disability benefits by the administrative law judge. It was this award which the Commission reversed.

When reviewing decisions from the Arkansas Workers’ Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the findings of the Commission, and we must uphold those findings unless there is no substantial evidence to support them. Scarbrough v. Cherokee Enterprises, 33 Ark. App. 139, 803 S.W.2d 561 (1991). Incases where a claim is denied because a claimant fails to show entitlement to compensation by a preponderance of the evidence, the substantial evidence standard of review requires that we affirm if a substantial basis for the denial of relief is displayed by the Commission’s opinion. Williams v. Arkansas Oak Flooring Co., 267 Ark. 810, 590 S.W.2d 328 (Ark. App. 1979); Linthicum v. Mar-Box Shirt Co., 23 Ark. App. 26, 741 S.W.2d 275 (1987).

In a workers’ compensation case, the claimant has the burden of proving by a preponderance of the evidence that his claim is compensable, i.e., that his injury was a result of an accident that arose in the course of his employment, and that it grew out of, or resulted from the employment. Wolfe v. City of El Dorado, 33 Ark. App. 25, 799 S.W.2d 812 (1990). He must prove a causal connection between the work-related accident and the later disabling injury. Lybrand v. Arkansas Oak Flooring Company, 266 Ark. 946, 588 S.W.2d 449 (1979). It is not, however, essential that the causal relationship between the accident and disability be established by medical evidence, Crain Burton Ford Company v. Rogers, 12 Ark. App. 246, 674 S.W.2d 944 (1984), nor is it necessary that employment activities be the sole cause of a workers’ injury in order to receive compensation benefits. It is enough if there is “a substantially contributory causal connection between the injury and the business in which the employer employs the claimant.” Lockeby v. Massey Pulpwood, 35 Ark. App. 108, 812 S.W.2d 700 (1991).

The Commission conducted a de novo review of all the evidence in the record which included testimony of the appellant, his wife, and a former co-employee. The opinion stated:

Undisputed and uncontradicted testimony indicates that the Claimant did fall off a logging truck in late April of 1988 while performing employment-related duties for the Respondent employer. The testimony also indicates that the Claimant immediately began to experience back problems. The Claimant and a former co-employee both testified with regard to the fall, and they both testified that the Claimant was not able to perform his employment duties as well after the fall as before. In addition, his wife testifed that she and a son had to assist the Claimant in getting out of his truck on the day that the fall occurred, and both the Claimant and his spouse testified that he immediately began to experience problems with his lower back and left leg and that these problems progressed to the point where he experienced numbness in his left leg and could not control the leg, causing him to lose his balance at times. However, the claimant returned to work immediately after the fall and he worked continuously until he terminated his employment with the Respondent employer in July of 1988 for medical reasons unrelated to his back condition.

The Commission noted that the appellant testified that he complained to his doctor about his back pain prior to September, but the Commission found no other evidence to support this testimony. The appellant explained that his doctor considered his respiratory problems serious, requiring urgent care, and planned to treat his back afterward. There was no testimony which disputed his explanation.

The Commission also noted that the doctor’s report from the visit in which the appellant complained of his back pain stated that he was “having lumbar pain from a fall that happened over the weekend.” The opinion then refers to a letter written by the doctor in 1990 stating that the appellant was first treated in September 1988 for “an old back injury which had become aggravated over the weekend.” The appellant explained that he fell due to the loss of control of his left leg which he attributed to the work-related fall. Again, no evidence contradicted his explanation.

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Bluebook (online)
827 S.W.2d 664, 38 Ark. App. 36, 1992 Ark. App. LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bates-v-frost-logging-co-arkctapp-1992.