Bohannon v. Walmart Stores, Inc.

279 S.W.3d 502, 102 Ark. App. 37, 2008 Ark. App. LEXIS 222
CourtCourt of Appeals of Arkansas
DecidedMarch 12, 2008
DocketCA 07-862
StatusPublished
Cited by13 cases

This text of 279 S.W.3d 502 (Bohannon v. Walmart Stores, Inc.) 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
Bohannon v. Walmart Stores, Inc., 279 S.W.3d 502, 102 Ark. App. 37, 2008 Ark. App. LEXIS 222 (Ark. Ct. App. 2008).

Opinion

Karen R. Baker, Judge.

Appellant, Karen Bohannon, appeals from a decision by the Workers’ Compensation Commission reversing the Administrative Law Judge (ALJ) and finding that she failed to meet her burden of proof that she was entitled to additional medical treatment. On appeal, she argues that the evidence was insufficient to support the Commission’s decision, and therefore, it must be reversed. We agree and reverse and remand for an award of benefits.

It is undisputed that appellant sustained a compensable work-related injury on June 21, 2005. The testimony showed that on June 21, 2005, maintenance personnel were cleaning the air conditioning units on top of appellant’s office building with a mixture of water and Kleencoil — a solution containing 2-butoxyethanol, sodium metasilicate, and isopropyl alcohol. The solution was placed into a hand sprayer and sprayed onto the evaporator coils of each air conditioning unit. The instructions for use of the chemical indicate that the units were to be turned off; however, the maintenance personnel did not turn off the units before spraying the chemical onto the coils. As a result, the chemical was dispensed through the air conditioning units into the office where appellant worked.

While sitting at her desk, appellant and two other coworkers began noticing a “chemical” smell emanating from an overhead air conditioner vent. Her two coworkers became ill, experiencing lightheadedness, dizziness, and headaches. Appellant noticed the odor, but continued working. Eventually, appellant also became light-headed and got up from her workstation in an attempt to get some water and go to the breakroom. Appellant testified that she was having difficulty walking and had to lean on the wall for support. She then went outside, where the other employees were sitting, to get some fresh air. At this point, appellant was unable to speak coherently. An ambulance was called. When the ambulance arrived, the paramedics noted that appellant and one other coworker were unconscious. All three of the workers testified that they still suffered from chronic headaches and that the various medications they had taken were not successful in relieving their headache pain.

At the emergency room, appellant was described as suffering from chemical inhalation. The emergency room report indicated “Pt was working in her space and someone was cleaning ducts. ... Pt awake but drowsy pt. trying to speak but words are garbled.” A CT scan performed at the emergency room did not present any abnormalities, and a toxicological screen was also negative. Emergency room records indicated appellant was suffering from episodes of aphasia (a speech impediment, in this case, stuttering, and an inability to speak clearly). Dr. Shari DeSilva, a neurologist, stated in her report that appellant’s “lightheadedness and diffuse ‘weakness’ (which may reflect unsteadiness), and dysarthria and headache following exposure to inhaled 2-Butoxyethanol, among other compounds, waxes and wanes. Her examination suggests cerebellar involvement.”

Appellant was released from the emergency room that day; however, her symptoms persisted, and she saw Max Beasley, a nurse practitioner, the next day. Mr. Beasley noted that appellant was aphasic and had erythema (reddening) in her nasal passages. He called an ambulance to take her to the hospital. At the hospital, appellant had trouble speaking and was complaining of a headache and pain behind her left eye. She also had blurring of her left eye and swelling of her lips and mouth. A second CT scan of appellant’s brain was taken, and the results were negative. On June 23, 2005, an MR.I of the brain and a MRA of the “circle of Willis” were taken with the following impression: “1. Normal MRI of the brain. 2. Normal MRA of the circle of Willis.” Dr. Howard opined in a Discharge Summary Report in June 24, 2005, that appellant had inhaled a chemical at work that was fairly innocuous and unlikely to have caused any neurological symptoms. He noted that appellant had been given medication and that her speech had improved considerably. He released appellant and recommended a follow-up with her family physician, Dr. Bicak, in two weeks.

On July 5, 2005, appellant was taken to the emergency room after becoming unresponsive at work. The emergency-room report indicated that she “remains dysphasic” with “all utterances unintelligible.” A CT scan, carotid ultrasound, and MRI of her brain were normal. Dr. David Ewart examined appellant and opined that appellant suffered from “intermittent expressive aphasia of uncertain etiology.” He further stated, “One could consider the possibility of repeated chemical exposure. I am unaware of a chemical exposure that causes intermittent expressive aphasia. Another possibility would be conversion reaction.” He recommended admitting Ms. Bohannan to Northwest Medical Center, placing her on Plavix, and obtaining an ultrasound of the carotids.

On July 9, 2005, Dr. Gary Moffitt examined appellant and determined that without additional testing, he was not sure “what [was] going on with Ms. Bohannon.” His report indicated that he was unsure whether appellant had a complex migraine or if the chemical had anything to do with her symptoms. Therefore, he opined that “more work needfed] to be done.” Because of the nature of appellant’s job and her health condition, he determined that she should be off work.

Dr. Reginald Rutherford, a neurologist, also examined appellant on July 26, 2005. Based on a review of her symptoms, Dr. Rutherford concluded that it was likely that her problems were unrelated to her migraine headaches or to an acute psychosis; a more probable explanation was considered to reside within the diagnosis of conversion reaction. In order to help with a diagnosis, Dr. Rutherford recommended that she undergo a SPECT scan of her brain to evaluate brain function rather than brain structure. The scan was performed on August 12, 2005. In his report, Dr. Rutherford stated:

Her SPECT scan raises the possibility of an abnormality or lesion left hemisphere. This was discussed with the radiologist. This may also represent artifact. To clarify whether or not there is evidence of a structural abnormality left hemisphere not disclosed on prior MRI imaging of the brain arrangements will be made for a current MRI study of the brain. This is to be correlated with the SPECT scan and will be performed at St. Vincent’s Infirmary. Ms. Bohan-non will be seen in follow up once this is completed.

Dr. Moffitt noted that he agreed with Dr. Rutherford’s recommendations for a SPECT scan; however, because appellee controverted the treatment, the comparison MRI of the brain was not performed.

Dr. Moffitt saw appellant for a follow-up examination on September 13, 2005. On that day, he noted that although appellant still suffered from headaches, her condition had improved. He also noted that her speech had improved. He released her to return to full-duty work with no return appointment and no permanent impairment.

On October 11, 2005, appellant was seen for her complaint of slurring speech. It was noted that she had been exposed to a chemical at work. However, a CT scan of her head showed no abnormalities. Dr. Ehrhart noted that appellant’s tests were normal and assessed her with dysarthria (slurred speech), hypertension, and diabetes. Dr.

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Bluebook (online)
279 S.W.3d 502, 102 Ark. App. 37, 2008 Ark. App. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bohannon-v-walmart-stores-inc-arkctapp-2008.