Crudup v. Regal Ware, Inc.

11 S.W.3d 567, 69 Ark. App. 206, 2000 Ark. App. LEXIS 142
CourtCourt of Appeals of Arkansas
DecidedMarch 1, 2000
DocketCA 99-797
StatusPublished
Cited by4 cases

This text of 11 S.W.3d 567 (Crudup v. Regal Ware, Inc.) 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
Crudup v. Regal Ware, Inc., 11 S.W.3d 567, 69 Ark. App. 206, 2000 Ark. App. LEXIS 142 (Ark. Ct. App. 2000).

Opinion

John B. Robbins, Chief Judge.

Appellant Michael Crudup filed a workers’ compensation claim against appellee Regal Ware, Inc., contending that his carpal tunnel syndrome was caused by his employment. The Workers’ Compensation Commission denied compensability, relying in part on its conclusion that Mr. Crudup failed to prove that his gradual injury was caused by rapid repetitive motion pursuant to Ark. Code Ann. § 11-9-102(5)(A)(ii)(a) (Repl. 1996). Mr. Crudup subsequently filed a motion for reconsideration in light of our supreme court’s holding in Kildow v. Baldwin Piano & Organ, 333 Ark. 335, 969 S.W.2d 190 (1998), which was delivered less than a week after the Commission filed its order denying benefits in the instant case. Because the supreme court in Kildow held that proof of rapid and repetitive motion is not necessary for a finding of compensability for a claim involving carpal tunnel syndrome, the Commission granted Mr. Crudup’s motion and reconsidered its decision. Upon reconsideration, the Commission again found the condition to be noncompen-sable. Mr. Crudup now appeals, arguing that substantial evidence does not support the Commissions decision. We agree, and we reverse and remand for an award of benefits.

When the Commission denies coverage because the claimant failed 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. McMillan v. US. Motors, 59 Ark. App. 85, 953 S.W.2d 907 (1997). 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 (1998).

Mr. Crudup testified on his own behalf at the hearing before the Commission. He stated that he has worked at Regal Ware since graduating from high school in 1982. His employment requires him to package cooking ware into boxes on an assembly line throughout an eight-hour day. The evidence established that he was expected to pack boxes at a rate of about five to six boxes per minute. Mr. Crudup testified that he had to make quick hand movements to keep up with the line. He further stated:

One of my biggest problems is manipulation of the diecuts. The cardboard is hard to fold. You are manipulating your wrist and knuckles, bending the cardboard. This is an activity that we must engage in on a daily basis.

Mr. Crudup testified that, in 1996, he started experiencing pain in his right hand, and a ganglion cyst developed. In May 1996, the appellee accepted this condition as being compensable, and the cyst was surgically removed. Mr. Crudup did not miss work as a result of the cyst removal.

According to Mr. Crudup, he was placed on lighter duty following the surgery. Thereafter, he experienced intermittent wrist pain that he reported to the plant nurse, and he was eventually unable to continue working. On April 4, 1997, he informed his supervisor that the pain prevented him from performing his job, and he sought medical treatment from Dr. Harold Betton. Dr. Betton referred appellant to Dr. Michael Moore, and Dr. Moore performed carpal tunnel release surgery on appellant’s right wrist on July 2, 1997. Mr. Crudup was able to return to work on September 9, 1997, and he has continued to work for Regal Ware since that time, although he has continued to feel minor discomfort. Mr. Crudup maintained that “I did not do anything else outside of work that might have brought about these problems,” and that “I did not hurt myself in any other way.”

Brenda LeeAnn Fleming, the appellee’s plant nurse, also testified. In contradiction to Mr. Crudup’s testimony, she could not recall him complaining of wrist pain at any time after the May 1996 surgery until he presented to her office with complaints in April 1997.

During Dr. Moore’s evaluation of Mr. Crudup he was able to form an opinion as to the causation of Mr. Crudup’s condition. Dr. Moore reported:

I had a long discussion with Mr. Crudup regarding his medical condition as it related to work. He reports that he performs work which requires repetitive lifting and gripping. I cannot definitively state that the work he performs at Regal Ware is a primary cause of carpal tunnel syndrome, however, if Mr. Crudup does perform repetitive work, it is likely this activity could precipitate, or aggravate, his symptoms. Finally, if I could review Mr. Crudup’s work requirements, it would be easier to determine if the carpal tunnel syndrome could be related to this work activity.

The issues before the Commission were whether or not Mr. Crudup established entitlement to compensation as a result of an aggravation, a recurrence, or a new injury. The Commission ruled that, because there was no evidence linking the May 1996 surgery to his carpal tunnel syndrome, Mr. Crudup failed to prove that his condition constituted an aggravation or recurrence of the prior injury. We think the Commission’s opinion provides a substantial basis to support this finding. However, we find no substantial basis to support its determination that Mr. Crudup failed to establish entitlement to compensation for a new injury, independent of the ganglion cyst removed a year earlier.

In denying benefits, the Commission found that Mr. Crudup failed to prove that his injury was the major cause of his disability or need for treatment as required by Ark. Code Ann. § ll-9-102(5)(E)(ii) (Repl. 1996). This finding was erroneous. The requirement for establishing a causal connection between a claimant’s work and his injury, and the added requirement after 1993 that an alleged compensable injury must be the major cause of the claimant’s disability or need for treatment where the injury is not caused by a specific incident, are two distinct requirements. Medlin v. Wal-Mart Stores, Inc., 64 Ark. App. 17, 977 S.W.2d 239 (1998). Thus, in the instant case, Mr. Crudup’s burden was to prove that his injury was caused by his work, and further that his carpal tunnel syndrome was the major cause of the disability or need for treatment. See id. He did not have to prove that his work was the major cause of his disability.

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Related

Estridge v. Waste Management
33 S.W.3d 167 (Supreme Court of Arkansas, 2000)
Crudup v. Regal Ware, Inc.
20 S.W.3d 900 (Supreme Court of Arkansas, 2000)
Freeman v. Con-Agra Frozen Foods
27 S.W.3d 762 (Court of Appeals of Arkansas, 2000)

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Bluebook (online)
11 S.W.3d 567, 69 Ark. App. 206, 2000 Ark. App. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crudup-v-regal-ware-inc-arkctapp-2000.