Cooper v. Hiland Dairy

11 S.W.3d 5, 69 Ark. App. 200, 2000 Ark. App. LEXIS 83
CourtCourt of Appeals of Arkansas
DecidedFebruary 23, 2000
DocketCA 99-740
StatusPublished
Cited by28 cases

This text of 11 S.W.3d 5 (Cooper v. Hiland Dairy) 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
Cooper v. Hiland Dairy, 11 S.W.3d 5, 69 Ark. App. 200, 2000 Ark. App. LEXIS 83 (Ark. Ct. App. 2000).

Opinion

Andree Layton Roaf, Judge.

Michael Cooper appeals a decision of the Workers’ Compensation Commission, which denied his claim for benefits. The Commission found that Cooper failed to prove by a preponderance of the evidence that he sustained a compensable injury. On appeal, Cooper argues that: (1) there is not substantial evidence to support the Commission’s decision; and (2) the Commission’s reversal of the Administrative Law Judge, who saw and heard the witnesses, based on credibility of the witnesses constitutes the denial of due process and fundamental fairness under the United States and Arkansas Constitutions. We agree that there is not substantial evidence to support the Commission’s decision, and reverse and remand for an award of benefits, and do not address Cooper’s constitutional argument.

Michael Cooper was hired by Hiland Dairy as a milk processor, where he had worked as a night supervisor for about twelve years. Cooper testified that on November 14, 1996, an overhead hopper jammed causing empty milk cartons to back up, which required him to hurriedly climb a ladder to unjam the hopper. According to Cooper, the ladder was “awkward”; he could not ascend or descend in an upright manner, but instead had to duck or jerk himself up. After descending the ladder, he stated that he felt stiffness in his back and when he stretched his back to loosen the stiffness, he felt sudden pain in his back and stinging in his legs.

Cooper stated that the injury occurred on a Friday night about 1:00 a.m. and he was going home at 1:30 a.m. so he did not call his supervisor, Danny Spradling, and wake him up to report the injury. On the following Monday, Cooper saw a chiropractor who told him he needed to see a physician. Cooper first saw a physician, Dr. Cole, on December 2, 1996. Dr. Cole referred him to Dr. Landherr, a neurosurgeon, who first saw Cooper on December 17, 1996. Cooper was diagnosed as having a herniated thoracic disc and, after Cooper’s legs became increasingly paralyzed, Dr. Landherr performed a surgical laminectomy on February 5, 1997. Cooper had approximately three months of temporary total disability and was assigned a nine percent permanent physical impairment to the body as a whole.

The Administrative Law Judge (“ALJ”) determined that Cooper’s back injury was compensable and ordered Hiland Dairy to pay for all reasonable and necessary medical expenses, temporary total disability benefits from December 15, 1996, through March 16, 1997, permanent physical impairment benefits in the amount of nine percent to the body as a whole, and attorney’s fees. Hiland Dairy appealed the decision of the ALJ to the Full Commission as to all issues, and Cooper cross-appealed as to the percentage of the permanent physical impairment assessment. The Commission found that because Cooper’s testimony was not credible as to how the injury occurred, he failed to prove by a preponderance of the evidence that he sustained a compensable injury. This appeal followed.

We first consider Cooper’s argument that there is not substantial evidence to support the Commission’s decision. The Commission based its decision solely on the fact that Cooper reported to his supervisor, Danny Spradling, that his pain commenced while he was “just stretching” and that he likewise told his medical providers that he felt the onset of pain while “stretching,” and when “raising arms over head and stretching.” The Commission stated:

Consistendy absent from each of these reports of injury is an indication that claimant was working or performing employment services at the time he stretched and developed an acute onset of pain. It was not until after claimant’s claim for benefits was denied and after he retained an attorney that the first appearance of any activities associated with work first appeared as a cause of claimant’s pain.... In our opinion, the question is not whether claimant was performing employment services at the time of his injury, rather the issue is whether claimant’s hearing testimony of developing a stiff back caused by work which required stretching is credible.... Since we find story is not believable, we further find that claimant has failed to prove by a preponderance of the evidence that his work required the stretching which resulted in the acute onset of pain which eventually required surgery.

The Commission concluded that Cooper’s testimony that he developed stiffness in his back upon climbing and descending a ladder lacked credibility and, consequently, that he failed to prove by a preponderance of the evidence that his work required the stretching which resulted in the acute onset of pain and subsequent injury.

When the Commission denies coverage because the claimant faded to meet his burden of proof, the substantial-evidence standard of review requires that we affirm the Commission’s decision if its opinion displays a substantial basis for the denial of relief. Frances v. Gaylord Container Corp., 69 Ark. App. 26, 9 S.W.3d 550 (2000). In determining the sufficiency of the evidence to sustain the findings of the Commission, we review the evidence in the light most favorable to the Commission’s findings and affirm if they are supported by substantial evidence. Weldon v. Pierce Bros. Constr., 54 Ark. App. 344, 925 S.W.2d 179 (1996). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. City of Fort Smith v. Brooks, 40 Ark. App. 120, 842 S.W.2d 463 (1992). 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 Commission is not required to believe the testimony of the claimant or any other witness. Patterson v. Frito Lay, Inc., 66 Ark. App. 159, 992 S.W.2d 130 (1999). The testimony of an interested party is always considered to be controverted. Continental Express v. Harris, 61 Ark. App. 198, 968 S.W.2d 811 (1998). Even though the Commission is insulated to a certain degree from appellate review, its decisions are not insulated to the degree it would make appellate review meaningless. Patterson, supra. Furthermore, benefits are not always denied to a claimant who has been untruthful. Boyd v. General Industries, 22 Ark. App. 103, 733 S.W.2d 750 (1987).

We have often said that the determination of the credibility of the witnesses and the weight to be given their testimony are matters exclusively within the province of the Commission. Patterson, supra. However, the Commission is not totally insulated from judicial review. Jordan v. J.C. Penney Co., 57 Ark. App. 174, 944 S.W.2d 547 (1997).

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Bluebook (online)
11 S.W.3d 5, 69 Ark. App. 200, 2000 Ark. App. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-hiland-dairy-arkctapp-2000.