Cooper Tire & Rubber Co. v. Angell

58 S.W.3d 396, 75 Ark. App. 325, 2001 Ark. App. LEXIS 854
Court of Appeals of Arkansas·Decided October 24, 2001·No. CA 01-152·Published·Cited by 10 cases

Opinion

Terry Crabtree, Judge.

This appeal arises from an Arkansas Workers’ Compensation Commission’s opinion in which the Commission made the following findings: 1) that the claim of the appellee, Richard Angell, for additional worker’s compensation was not barred by Ark. Code Ann. § ll-9-702(b); 2) that the appellant, Cooper Tire & Rubber Company, willfully and intentionally failed to pay for medical treatment received by appel-lee, and thus appellant must pay a 36% penalty; and 3) that by failing to comply with the Administrative Law Judge’s October 29, 1997, order, appellant was in contempt, however the Commission suspended and held in abeyance a $10,000 fine, contingent on appellant’s compliance with the Commission’s past and prospective orders. Appellant appeals the decision of the Commission. We find no error and affirm.

This case arose out of an admitted compensable injury to appellee on June 8, 1992. Appellee testified that he was pulled within two rollers of a machine. Appellee reported injuries to his upper extremities, low back, and lower extremities. Appellant paid temporary total disability payments from the date of the injury through May 31, 1993, the date on which appellee’s healing period ended. Appellee was assigned a 23% impairment rating to his left lower extremity, which appellant accepted and paid. An issue arose as to whether complaints appellee made in 1995 and 1996 of problems with his right knee and low back were related to the June 8, 1992, injury. The Administrative Law Judge (“ALJ”), by opinion dated October 29, 1997, found that appellee had shown that his physical problems involving his right leg and back were direcdy and causally related to the compensable injury. The ALJ found Dr. William Bundrick as appellee’s primary medical provider. The ALJ found that appellant was responsible for continued reasonably necessary medical treatment and/or referrals provided by Dr. Bundrick. The ALJ found that appellee was not entitled to additional permanent impairment benefits beyond those previously paid, but that the nature and extent of appellee’s injury as well as further indemnity benefits required additional development of medical evidence, and was by necessity specifically reserved. The ALJ directed appellant to pay outstanding medical and related expenses consistent with his findings of fact. Neither party appealed this ruling.

The last medical treatment of appellee that appellant paid for was treatment provided by Dr. Bundrick on February 10, 1998. In October 1999, appellant filed for additional worker’s compensation benefits. In an opinion filed on May 19, 2000, the ALJ found in favor of appellee, and specifically found no statute of limitations violation, imposed a 36% penalty on appellant, and imposed a $10,000 fine for contempt on appellant. The Commission affirmed the ALJ’s decision, but modified the findings with respect to the fine, holding the fine in abeyance contingent on appellant complying with the Commission’s orders. It is from this order that appellant brings this appeal.

When reviewing a decision of the Arkansas 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 that which a reasonable mind might accept as adequate to support a conclusion. Crossett Sch. Dist. v. Fulton, 65 Ark. App. 63, 984 S.W.2d 833 (1999). The issue is not whether this court might have reached a different result from the Commission. Malone v. Texarkana Pub. Schs., 333 Ark. 343, 969 S.W.2d 644 (1998). If reasonable minds could reach the result found by the Commission, we must affirm the decision. Bradley v. Alumax, 50 Ark. App. 13, 899 S.W.2d 850 (1995). In making our review, we recognize that it is the function of the Commission to determine credibility of witnesses and the weight to be given their testimony. Stephens Truck Lines v. Millican, 58 Ark. App. 275, 950 S.W.2d 472 (1997).

Appellant’s first point on appeal is that the Commission erred in not finding that the statute of limitations had run on appellee’s claim for additional benefits pursuant to Ark. Code Ann. § ll-9-702(b). Section ll-9-702(b) in its pre-Act 796 form states:

(1) In cases where any compensation, including disability or medical, has been paid on account of injury, a claim for additional compensation shall be barred unless filed with the commission within one (1) year from the date of the last payment of compensation, or two (2) years from the date of the injury, whichever is greater.
(2) The time limitations of this subsection shall not apply to claims for the replacement of medicine ... permanently or indefinitely required as the result of a compensable injury, where the employer or carrier previously furnished such medical supplies, but replacement of such items shall not toll the running of the statute of limitations.

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Cooper Tire & Rubber Co. v. Angell, 58 S.W.3d 396, 75 Ark. App. 325, 2001 Ark. App. LEXIS 854 (Ark. Ct. App. 2001).

58 S.W.3d 396 (Cooper Tire & Rubber Co. v. Angell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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