Cedar Chemical Co. v. Knight

273 S.W.3d 473, 372 Ark. 233, 2008 Ark. LEXIS 150
CourtSupreme Court of Arkansas
DecidedJanuary 31, 2008
Docket07-307
StatusPublished
Cited by38 cases

This text of 273 S.W.3d 473 (Cedar Chemical Co. v. Knight) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cedar Chemical Co. v. Knight, 273 S.W.3d 473, 372 Ark. 233, 2008 Ark. LEXIS 150 (Ark. 2008).

Opinions

Donald L. Corbin, Justice.

This is an appeal from a decision of the Arkansas Workers’ Compensation Commission awarding disability benefits to Appellee Jimmy T. Knight. Appellants are Knight’s former employer, Cedar Chemical Company, and the employer’s insurance carriers, Zurich American Insurance Company and Crawford and Company.1 On appeal, Appellants argue that the Commission erred in awarding Appellee benefits as there was insufficient evidence to establish that he suffered a compensable injury. This case is now before us on a petition for review, see Cedar Chemical Co. v. Knight, 99 Ark. App. 162, 258 S.W.3d 394 (2007), thus, our jurisdiction is pursuant to Ark. Sup. Ct. R. 2-4(c)(2). We affirm the decision of the Commission.

The record reveals that on July 1, 2001, Appellee, who was working a twelve-hour shift, was descending a flight of stairs when he noticed pain in his left knee. According to Appellee, it was approximately 11:00 a.m. when he noticed the pain, although he could not identify any specific incident that caused the pain. Appellee, who had been employed with Cedar for approximately five years at the time of this incident, was responsible for various job duties involved in formulating and manufacturing certain chemical products. These job duties required Appellee to ascend and descend up to three flights of stairs throughout the day.

After first noticing the pain, Appellee continued with his job duties until approximately 2:00 p.m., when he took a thirty-minute lunch break. At the end of his break, Appellee tried to stand up and realized he could not put much weight on his left leg. Appellee then called his supervisor, Jimmy Vincent, and reported that he had hurt his knee, could not walk on it, and asked if he could go home. Vincent asked him if he could stay until the end of his shift, and Appellee agreed.

The next day, Appellee notified his supervisor that he remained in pain and was going to see his family physician. An X-ray was taken of his knee, and the radiologist’s report stated: “Features consistent with gout and/or osteoarthritis with evidence for calcification ligamentous structures with other features as described which may or may not be related to trauma. History is pain.” Appellee’s physician referred him to an orthopedist, Dr. John Wilson. An MRI of his knee was performed on July 3, 2001. The resulting report revealed: “Probable complete disruption of the anterior cruciate ligament. Probable tear and maceration of the posterior horn of the medial meniscus.” On July 5, 2001, Dr. Wilson noted in Appellee’s chart, “The MRI revealed a posterior horn tear of the medial meniscus as well as an anterior cruciate tear. Mr. Knight needs an arthroscopy.”

Because Appellee was unsure whether he wanted to have surgery, he sought a second opinion from Dr. Frederick Azar. Initially, Dr. Azar recommended that Appellee engage in exercise and physical therapy to ease the pain. After two weeks, however, Dr. Azar recommended that Appellee undergo an arthroscopy. Appellee underwent a left knee arthroscopy performed by Dr. Herbert Hahn on October 17, 2001. Subsequent to his surgery, Appellee developed a postoperative sepsis of his left knee with staph aureus. The postoperative infection required Appellee to be hospitalized from October 25, 2001, until November 19, 2001, and also required him to undergo two surgical debridements.

Appellee sought workers’ compensation benefits as a result of his injury. A hearing on the issue of the compensability of Appellee’s claim was held before an Administrative Law Judge on January 7, 2005. The ALJ entered a written order, finding that Appellee’s injury was idiopathic in nature and, as a result, there was insufficient evidence to prove Appellee sustained a compensable injury arising out of and in the course and scope of his employment.

Appellee appealed the ALJ’s decision to the full Commission. On March 14, 2006, the Commission entered an order reversing the decision of the ALJ. In so doing, the Commission found that Knight’s injury had resulted from a specific incident arising out of and in the course of his employment with Cedar.

Appellants appealed the decision of the Commission to the Arkansas Court of Appeals. The court of appeals affirmed the decision of the Commission, finding that there was substantial evidence to support the Commission’s decision that Appellee suffered a compensable injury. Appellants sought rehearing, and an en banc panel affirmed in a substituted opinion. Appellants then petitioned this court for review. When we grant a petition for review, we treat the appeal as if it were filed in this court originally. Tucker v. Roberts-McNutt, Inc., 342 Ark. 511, 29 S.W.3d 706 (2000). We now turn to the merits of the present appeal.

On appeal, Appellants argue that there was no substantial evidence to support the Commission’s determination that Appellee’s injury was a work-related compensable injury.2 Specifically, Appellants argue that the evidence demonstrated that Appellee could point to no specific incident that could have caused the injury and, moreover, that the medical evidence pointed to degenerative changes in the knee prior to July 1. Thus, according to Appellants, the Commission’s decision that Appellee’s injury was compensable was arbitrary and capricious, and should be reversed.

Appellee counters that there was substantial evidence to support the Commission’s finding of a compensable injury, as the evidence demonstrated that he had no prior problem with his knee when he began his shift on July 1 and that the problem occurred only after he ascended and descended the stairs at work several times. Moreover, Appellee argues that where a claimant suffers an unexplained injury at work, it is generally compensable.

In reviewing decisions from the Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission’s findings, and we affirm if the decision is supported by substantial evidence. Jivan v. Economy Inn & Suites, 370 Ark. 414, 260 S.W.3d 281 (2007). Substantial evidence exists if reasonable minds could reach the Commission’s conclusion. Id. The issue is not whether the appellate court might have reached a different result from the Commission; if reasonable minds could reach the result found by the Commission, the appellate court must affirm the decision. Id.

Questions concerning the credibility of witnesses and the weight to be given to their testimony are within the exclusive province of the Commission. Patterson v. Ark. Dep’t of Health, 343 Ark. 255, 33 S.W.3d 151 (2000). When there are contradictions in the evidence, it is within the Commission’s province to reconcile conflicting evidence and to determine the true facts. Id. The Commission is not required to believe the testimony of the claimant or any other witness, but may accept and translate into findings of fact only those portions of the testimony that it deems worthy of belief. Id. Thus, we are foreclosed from determining the credibility and weight to be accorded to each witness’s testimony. Arbaugh v.

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Bluebook (online)
273 S.W.3d 473, 372 Ark. 233, 2008 Ark. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cedar-chemical-co-v-knight-ark-2008.