CDI CONTRACTORS v. McHale

848 S.W.2d 941, 41 Ark. App. 57, 1993 Ark. App. LEXIS 111
CourtCourt of Appeals of Arkansas
DecidedFebruary 24, 1993
DocketCA 92-11
StatusPublished
Cited by14 cases

This text of 848 S.W.2d 941 (CDI CONTRACTORS v. McHale) 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
CDI CONTRACTORS v. McHale, 848 S.W.2d 941, 41 Ark. App. 57, 1993 Ark. App. LEXIS 111 (Ark. Ct. App. 1993).

Opinions

James R. Cooper, Judge.

CDI Contractors appeals from a decision of the Workers’ Compensation Commission awarding temporary total disability benefits to Jimmy McHale. On appeal, appellant argues that there is no substantial evidence that the appellee’s psychological problems bear a causal relationship to his work-related injury, and that there is no substantial evidence that the appellee’s healing period extended beyond October 9, 1990. We affirm.

In determining the sufficiency of the evidence to sustain the findings of the Workers’ Compensation Commission, we review the evidence in the light most favorable to the Commission’s findings and affirm if they are supported by substantial evidence. Deffenbaugh Indus. v. Angus, 39 Ark. App. 24, 832 S.W.2d 869 (1992). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. San Antonio Shoes v. Beaty, 28 Ark. App. 201, 771 S.W.2d 802 (1989). In making our review, we recognize that it is the function of the Commission to determine the credibility of the witnesses and the weight to be given to their testimony. Johnson v. Hux, 28 Ark. App. 187, 772 S.W.2d 362 (1989). The question is not whether the evidence would have supported findings contrary to the ones made by the Commission; there may be substantial evidence to support the Commission’s decision even though we might have reached a different conclusion if we sat as the trier of fact or heard the case de novo. Tyson Foods, Inc. v. Disheroon, 26 Ark. App. 145, 761 S.W.2d 617 (1988).

The record reveals that the appellee was working as a carpenter’s helper on February 28, 1990, when he injured his back. The appellant accepted the claim as compensable and paid medical and disability benefits up through January 28,1991. The appellee was seen by a number of doctors of varying specialties who offered diagnoses of lumbar strain and ankylosing spondylitis.

On October 9,1990, the appellee sought treatment from Dr. Austin Grimes, an orthopedic surgeon. When Dr. Grimes first examined him, he noted that the appellee complained of pain, but had good range of motion and no neurological deficits. Dr. Grimes questioned the previous diagnosis of ankylosing spondylitis and recommended further examination by a rheumatologist, Dr. Thomas Kovaleski. During this period, the appellee also underwent a rehabilitation evaluation by Karen Martin, a rehabilitation specialist. In her report, she noted that the appellee related a history of personality and psychological problems and recommended psychological assessment and further medical evaluation. Dr. Kovaleski examined the appellee and determined that he did not suffer from ankylosing spondylitis, but felt that his low back injury could not be effectively treated without psychological care. Dr. Kovaleski referred the appellee to Dr. Frank Slavik, a psychologist, for chronic pain syndrome.

Dr. Slavik evaluated the appellee in November 1990, and administered the Minnesota Multiphasic Personality Inventory (MMPI-II) test. Dr. Slavik determined that the results were indicative of psychological and emotional problems and recommended that the appellee see a psychiatrist for evaluation regarding the appropriateness of psychiatric medication. Another report from Karen Martin dated January 5,1991, indicated that any vocational rehabilitation plans would be suspended pending resolution of the appellee’s emotional and psychological status.

The appellee also underwent a functional capacity evaluation at Ergoplex, a work hardening center on January 23, and 23, 1991. This evaluation was to determine physical limitation and physical capabilities as related to job tasks. The MMPI-II and The Millón Behavioral Health Inventory (MBHI) were administered as part of the evaluation. Paul Allen Bolt, the occupational therapist who supervised the evaluation, indicated inconsistencies in the findings of functional capacity due to sub-maximal effort suggesting poor participation. Based on these findings and the psychological test results, Mr. Bolt concluded that a work hardening program would not be beneficial to the appellee.

Dr. Winston Wilson, a clinical psychologist, interpreted the test results of the MMPI-II and MBHI administered by Mr. Bolt. Dr. Wilson concluded that test was not valid because the appellee exaggerated the answers. Based on his evaluation of the test results, he concluded that the appellee had an anti-social personality; that he was impulsive, manipulative, and malingering; that he was motivated by secondary gain, and that he would utilize threats to achieve his ends. Dr. Wilson’s opinion indicated that the appellee’s psychological problems were long-standing and were in no way related to his workers’ compensation injury.

The appellee returned to Dr. Grimes in January, February and March 1991, and he was found to have a herniated disc and degenerative disc disease at multiple levels, and continued to experience pain.

By an opinion dated June 7, 1991, the administrative law judge found that the appellee was entitled to medical expenses for continued treatment by Dr. Grimes; that he was entitled to continuing temporary total disability until he reached a maximum medical benefit as determined by Dr. Grimes; that the appellant would have no liability for care and treatment by Dr. Kovaleski beyond the initial evaluation and that the appellant would bear responsibility for active care and treatment rendered by Dr. Slavik up to the date of the ALJ’s opinion. This last finding was based upon the ALJ’s determination that the appellee’s current psychological problems bore a causal relationship to his work-related injury. The full Commission adopted and affirmed the ALJ’s findings.

For reversal, the appellant first argues that there is no substantial evidence that the appellee’s psychological problems bore a causal relationship to his work-related injury. The appellant asserts, and the record reflects, that the appellee has a lengthy history of drug and alcohol abuse and treatment, instability in employment, physical violence, and emotional difficulties. The appellant therefore contends that the appellee’s work-related injury in no way caused his psychological problems or aggravated his pre-existing psychological problems. The appellant relies on Dr. Winston Wilson’s opinion in support of this argument.

However, the record also contains the evaluation of Dr. Slavik, which was noted by the administrative law judge and adopted by the Commission. Dr. Slavik opined that the test results were valid and that the appellee’s profile was suggestive of paranoid schizophrenia. Dr. Slavik stated that this coupled with the patient’s history led him to believe that the appellee had a violent history and was likely to have pressed social limits. He noted that the appellee reported that he had participated in a rehabilitation program that, with one exception, had helped him refrain from drug abuse for a period of over twelve months. Dr. Slavik further stated:

It seems that this man had made what I would call a partial adjustment, had been able to hold down a job, and had worked productively, without abusing drugs, until his injury.

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CDI CONTRACTORS v. McHale
848 S.W.2d 941 (Court of Appeals of Arkansas, 1993)

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Bluebook (online)
848 S.W.2d 941, 41 Ark. App. 57, 1993 Ark. App. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cdi-contractors-v-mchale-arkctapp-1993.