Boyd v. Dana Corp.

966 S.W.2d 946, 62 Ark. App. 78, 1998 Ark. App. LEXIS 328
CourtCourt of Appeals of Arkansas
DecidedMay 6, 1998
DocketCA 97-1539
StatusPublished
Cited by21 cases

This text of 966 S.W.2d 946 (Boyd v. Dana Corp.) 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
Boyd v. Dana Corp., 966 S.W.2d 946, 62 Ark. App. 78, 1998 Ark. App. LEXIS 328 (Ark. Ct. App. 1998).

Opinion

Margaret Meads, Judge.

Appellant, James Boyd, appeals a decision of the Workers’ Compensation Commission that denied his claim for benefits on the finding that he failed to prove by a preponderance of the evidence that his carpal tunnel syndrome was caused by rapid repetitive motion. The Commission also found that appeEant failed to prove the aEeged compensable injury is the major cause of his disability or need for treatment.

Boyd, a forty-six-year-old man who has diabetes, worked for appeUee for sixteen years. In May 1995 he noticed numbness and tingling in his right hand. He continued to work and first reported his injury and symptoms in February 1996 after nerve conduction tests ordered by Dr. Mark Brown determined that he had büateral carpal tunnel syndrome. AppeEee recommended that appeEant see the company physician, Dr. Carpenter, who concurred with Dr. Brown’s diagnosis. Dr. Brown has not released appeEant from treatment and has recommended surgery.

At the hearing on his claim, appeEant testified that for the last sixteen years he has performed four steps to make a gear, which involve loading and operating machines. AppeEant described the process as foEows:

The first thing when I come in of the morning I load the gear hobs, verticaEy. There’s two gears that goes [sic] on the hob. And they weigh, like I said, on the average of twelve pounds apiece. And after I start the gear hob, I turn around, and the turning lathe loads horizontaEy. And I’E take the part out of one side of the lathe, put it on a machine that stamps a number on the part, and I’E reach into the other side of the lathe. And when I do I have to extend my hand in this manner and take the gear out. . . . And I take it out of this side of the machine and put it into the other side and chuck it into the other side of the machine. And I reach into the box where the blank gears are and load the other side of the turning lathe. And I get it loaded and get it running, and I stamp my gear on the stamper, and put it over by the hob. And then I’U go down and run the wire brush, you know, that brushes each side of the gear. And like I say, there’s two gears. . . . [the motion involved is] [j]ust picking the gear up off of the little conveyer, there, and putting it on the wire brush, and closing the door. And it brushes it and then we’ll take it and flip it over and brush the other side. . . . And when I get both parts wire brushed, then by that time I got back down to the turning lathe and it’s finished. And I’ll do the step involved with the turning lathe, getting it going again. And at that point I’ll have probably a minute and a half, you know, before the turning lathe cycles through. And then I’ll get it loaded again, and by that time the gear hob is ready to be loaded, and the process starts all over again.

Appellant described his job as requiring constant movement and said he works at a fairly rapid speed. When the machine stops he has to load it quickly to get the next set of gears going. He testified further that he averages 115 to 120 gears a day and estimates he has made 280,000 gears during his career. Appellant testified further that the number of gears he does varies according to the factory production rate.

In a letter dated February 27, 1996, Dr. Brown stated that a Nerve Conduction Velocity Study showed moderate right carpal tunnel syndrome and mild left carpal tunnel syndrome, and it was his medical opinion that appellant’s diagnosis is work related. On May 6, 1996, Dr. Brown wrote further that:

[Appellant’s] symptoms could certainly be related to his job and that combines with the fact that he has nerve conduction velocity studies documenting carpal tunnel syndrome on the right and the fact that he has been employed at Dana for years . . . leads me to believe this is a work-related problem.

The Administrative Law Judge found that appellant proved that he sustained a gradual injury caused by rapid and repetitive motion which was the major cause of his disability or need for medical treatment. The Commission reversed the law judge, holding that appellant failed to prove he sustained a compensable rapid repetitive motion injury, and further that he failed to prove the alleged compensable injury is the major cause of his disability or need for treatment.

The Commission stated that appellant prepared one gear every 4.78 minutes with a 1.5-minute interval before beginning a new gear. It stated one gear -prepared every 4.78 minutes is not evidence of swift or quick motion, nor is it marked by a notably high rate of motion. Citing Lay v. United Parcel Serv., 58 Ark. App. 35, 944 S.W.2d 867 (1997), the Commission held that movement intensive work does not rise to the level of rapid when the movements are separated by periods of delay or hesitation. In regard to the major cause requirement, the Commission held that appellant’s symptoms and diagnostic findings are also associated with diabetes. It stated that “although symptoms consistent with carpal tunnel syndrome are quite commonly said to be caused by repetitive trauma, these symptoms and diagnostic findings are also associated with diabetes” and held that appellant’s problems are “just as consistent with a diabetes-related neuropathy as they are with a trauma-caused carpal tunnel syndrome.”

On appeal, appellant argues that the Commission’s opinion is not supported by substantial evidence. When reviewing a decision of the 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 affirm that decision if it is supported by substantial evidence. Clark v. Peabody Testing Serv., 265 Ark. 489, 579 S.W.2d 360 (1979). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Wright v. ABC Air, Inc., 44 Ark. App. 5, 864 S.W.2d 871 (1993). However, this standard must not totally insulate the Commission from judicial review and render this court’s function in these cases meaningless. Wade v. Mr. C. Cavenaugh’s, 25 Ark. App. 237, 756 S.W.2d 923 (1988). We will reverse a decision of the Commission when we are convinced that fair-minded persons with the same facts before them could not have reached the conclusion arrived at by the Commission. Price v. Little Rock Packaging Co., 42 Ark. App. 238, 856 S.W.2d 317 (1993).

Arkansas Code Annotated Section 11-9-102 (Supp. 1997) provides: .

(5) (A) “Compensable injury” means:
(ii) An injury causing internal or external physical harm to the body and arising out of and in the course of employment if it is not caused by a specific incident or is not identifiable by time and place of occurrence, if the injury is:
(a) Caused by rapid repetitive motion.

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

Related

International Paper Company v. Ronald L. Steward
2024 Ark. App. 465 (Court of Appeals of Arkansas, 2024)
Carlat v. Ark. Highway & Transp. Dep't
546 S.W.3d 514 (Court of Appeals of Arkansas, 2018)
Pearson v. Worksource
387 S.W.3d 274 (Court of Appeals of Arkansas, 2011)
Coleman v. Pro Transportation, Inc.
249 S.W.3d 149 (Court of Appeals of Arkansas, 2007)
Holland Group, Inc. v. Hughes
237 S.W.3d 120 (Court of Appeals of Arkansas, 2006)
Washington Regional Medical Center Management Services, Inc. v. Smith
58 S.W.3d 858 (Court of Appeals of Arkansas, 2001)
Cooper v. McBurney Corp.
39 S.W.3d 1 (Court of Appeals of Arkansas, 2001)
Stiger v. State Line Tire Service
35 S.W.3d 335 (Court of Appeals of Arkansas, 2000)
Mayweather v. Mangum Contracting, Inc.
29 S.W.3d 783 (Court of Appeals of Arkansas, 2000)
Second Injury Fund v. J & S Trucking
30 S.W.3d 112 (Court of Appeals of Arkansas, 2000)
Hapney v. Rheem Manufacturing Co.
26 S.W.3d 777 (Supreme Court of Arkansas, 2000)
Stephenson v. Tyson Foods, Inc.
19 S.W.3d 36 (Court of Appeals of Arkansas, 2000)
Cooper v. Hiland Dairy
11 S.W.3d 5 (Court of Appeals of Arkansas, 2000)
Buford v. Standard Gravel Co.
5 S.W.3d 478 (Court of Appeals of Arkansas, 1999)
Hapney v. Rheem Manufacturing Co.
992 S.W.2d 151 (Court of Appeals of Arkansas, 1999)
Patterson v. Frito Lay, Inc.
992 S.W.2d 130 (Court of Appeals of Arkansas, 1999)
Ford v. Chemipulp Process, Inc.
977 S.W.2d 5 (Court of Appeals of Arkansas, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
966 S.W.2d 946, 62 Ark. App. 78, 1998 Ark. App. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-dana-corp-arkctapp-1998.