Caffey v. Sanyo Manufacturing Corp.

154 S.W.3d 274, 85 Ark. App. 342, 2004 Ark. App. LEXIS 205
Court of Appeals of Arkansas·Decided March 10, 2004·No. CA 03-943·Published·Cited by 11 cases

Opinion

Josephine Linker Hart, Judge.

Marie Caffey appeals the Workers’ Compensation Commission’s denial of benefits for injuries she suffered after slipping and faffing in appellee’s manufacturing plant just minutes before she clocked in at the beginning of her shift. For reversal, appellant argues that because the sole question presented at the hearing concerned whether she was performing employment services at the time the injury occurred, the Commission erred in denying benefits based on her failure to present medical evidence of her injuries, supported by “objective findings.” On cross appeal, appellee, Sanyo Manufacturing Corporation, concedes that the sole issue tried at the hearing was whether appellant was performing employment services. Appellee, however, does argue that the Commission erred in finding that appellant was performing employment services at the time of her injury. We reverse on appeal and affirm on cross appeal.

Testifying that she had been employed with appellee for thirty-seven years, appellant stated that on December 14, 2001, she arrived at the plant at approximately 7:20 a.m. As required by appellee, appellant showed her identification badge to a guard at the entrance of the parking lot. After parking her vehicle, she walked to a second guard shack where she displayed her identification badge to another guard. She then walked through double-doors into the plant and down the hallway to the clock-in station. Appellant fell within five feet of the clock.

After several co-workers helped her from the floor, appellant’s injuries were checked by the company nurse before she went to work. Later, when appellant began hurting in her groin and right knee, she returned to the nurse’s office. Appellant was then treated by Dr. Sudhir Kumar, the plant physician. Appellant did not return to work that day or the following day. Appellant was also seen by Dr. Apurva Dalai, an orthopedic surgeon. At the hearing, appellant stated that she was “still working although work aggravates” her condition and that she had not been off work except when Dr. Kumar had taken her off work and when she attended her doctor’s appointments.

Christine Bogan, a thirty-three-year employee of appellee, testified that she saw appellant on the morning of December 14, 2001. According to Bogan, she was walking toward the clock-in location when she saw two other employees assisting appellant from the floor. She noticed that there was water on the floor that had been “tracked in” by other employees entering the area.

Sandra Taylor, the manager of appellee’s human resources department, stated that appellant was an hourly employee and that appellant’s pay would not begin until 7:30 a.m., which was the start time of the factory line. Taylor’s records establish a clocked in-time for-appellant as 7:20 a.m. on the date of her injury. Taylor also noted that employees must show identification at the guard shack in the street before parking their vehicles and again at a second guard shack before entering the plant. Taylor stated that appellant was approximately 200 feet from her work station when the injury occurred.

In reviewing a decision of the Workers’ Compensation Commission, this court views the evidence and all reasonable inferences in the light most favorable to the findings of the Commission. Swift-Eckrich, Inc. v. Brock, 63 Ark. App. 118, 975 S.W.2d 857 (1998). These findings will be affirmed if supported by substantial evidence. Georgia-Pacific Corp. v. Carter, 62 Ark. App. 162, 969 S.W.2d 677 (1998). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Wackenhut Corp. and St. Paul Fire & Marine Ins. Co. v. Jones, 73 Ark. App. 158, 40 S.W.3d 333 (2001). In an appeal from the Workers’ Compensation Commission, the question is not whether the evidence would have supported findings contrary to those of the Commission; rather, the decision of the Commission must be affirmed if reasonable minds might have reached the same conclusion. See Dallas County Hosp. v. Daniels, 74 Ark. App. 177, 47 S.W.3d 283 (2001).

For her sole point on appeal, appellant argues that the Commission erred in considering and adjudicating her case on the basis of whether there was medical evidence of her injuries based on objective findings. Appellant contends that the critical issue to be determined by the ALJ was whether she was involved in employment services at the time of her injury and that this issue was the only issue litigated by the parties.

Prior to the hearing, both parties announced that the com-pensability of appellant’s claim was the issue to be presented. Both parties stated that they recognized and understood that the only issue to be tried was the compensability of appellant’s claim. This understanding was made known to the ALJ at the hearing. Here, appellee agrees that the case was adjudicated solely on the issue of whether appellant was performing employment services at the time she suffered the injury. However, appellee argues that any error is harmless because the case should be reversed on other grounds.

In Arkansas Secretary of State v. Guffey, 291 Ark. 624, 727 S.W.2d 826 (1987), our supreme court held that it is error for the Commission to base its denial of benefits on a finding of fact that was not an issue or developed by evidence. Because both parties agreed to limit the issue to be presented and the record establishes that the case was adjudicated solely on the issue of whether appellant was performing employment services, we reverse the Commission on direct appeal.

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

Caffey v. Sanyo Manufacturing Corp., 154 S.W.3d 274, 85 Ark. App. 342, 2004 Ark. App. LEXIS 205 (Ark. Ct. App. 2004).

154 S.W.3d 274 (Caffey v. Sanyo Manufacturing Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Robert Pratt v. Landers McLarty Bentonville
2021 Ark. App. 184 (Court of Appeals of Arkansas, 2021)
Webster v. Arkansas Department of Correction
2017 Ark. App. 558 (Court of Appeals of Arkansas, 2017)
Continental Construction Co. v. Nabors
2015 Ark. App. 60 (Court of Appeals of Arkansas, 2015)
Kelley v. Cooper Standard Automotive, Inc.
386 S.W.3d 570 (Court of Appeals of Arkansas, 2011)
Wood v. Wendy's Old Fashioned Hamburgers
374 S.W.3d 785 (Court of Appeals of Arkansas, 2010)
Martin v. Jensen Construction Co.
374 S.W.3d 774 (Court of Appeals of Arkansas, 2010)
Parker v. Comcast Cable Corp.
269 S.W.3d 391 (Court of Appeals of Arkansas, 2007)
Foster v. Express Personnel Services
222 S.W.3d 218 (Court of Appeals of Arkansas, 2006)
Crawford v. Single Source Transportation
189 S.W.3d 507 (Court of Appeals of Arkansas, 2004)
Whitten v. Edward Trucking/Corporate Solutions
189 S.W.3d 82 (Court of Appeals of Arkansas, 2004)