Davis v. Old Dominion Freight Line, Inc.

20 S.W.3d 326, 341 Ark. 751, 2000 Ark. LEXIS 342
CourtSupreme Court of Arkansas
DecidedJune 29, 2000
Docket00-193
StatusPublished
Cited by25 cases

This text of 20 S.W.3d 326 (Davis v. Old Dominion Freight Line, Inc.) 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
Davis v. Old Dominion Freight Line, Inc., 20 S.W.3d 326, 341 Ark. 751, 2000 Ark. LEXIS 342 (Ark. 2000).

Opinions

W.H. “DUB” Arnold, Chief Justice.

Appellant, Randy ustice. challenging a decision of the Workers’ Compensation Commission denying his claim for medical expenses and additional temporary total-disability benefits. In a published opinion dated January 26, 2000, the Court of Appeals reversed and remanded the Commission’s decision. See Davis v. Old Dominion Freight Line, Inc., 69 Ark. App. 74, 13 S.W.3d 171 (2000). Pursuant to Ark. Sup. Ct. R. 2-4 (2000), we granted review of the appellate court’s decision. We affirm the Court of Appeals, and we reverse and remand the Commission’s decision because it fails to display a substantial basis for the denial of relief.

Background

The parties agree that on April 4, 1996, Davis sustained a compensable right-ankle injury while working for appellee, Old Dominion Freight Line, Inc. On September 11, 1996, Dr. Jay Lipke performed a surgical repair of a partial dislocation of Davis’s peroneal tendons. Subsequently, Dr. Lipke diagnosed Davis with a blood clot, which required hospitalization and anticoagulant medication. As of November 1, 1996, Dr. Lipke’s notes indicated that Davis’s wound was well-healed, his ankle demonstrated a good range of motion, and there was no evidence of subluxation of the tendon. Dr. Lipke also remarked that he anticipated that Davis would be released to return to work when the blood-clot condition stabilized.

Unfortunately, on approximately November 13, 1996, Davis aggravated the surgical repair when he stepped awkwardly on his ankle to avoid stepping on his two-year-old niece. At the time of the incident, Davis heard a loud pop. He returned to Dr. Lipke, who treated the new injury as a sprain. However, Dr. Lipke noted on December 2, 1996, and December 9, 1996, that the incident disrupted the prior surgical repair because Davis’s healing process was incomplete.

As a result of the November injury, Davis sought additional workers’ compensation benefits. In response, Old Dominion asserted that the November 1996, incident constituted an independent intervening cause, barring an award of additional benefits. Following a hearing, the Administrative Law Judge agreed with Old Dominion and concluded that Davis had failed to prove entitlement to additional benefits. Davis appealed the ALJ’s decision to the Workers’ Compensation Commission, which affirmed and adopted the ALJ’s findings.

Following the Commission’s decision affirming the ALJ’s denial, Davis appealed to the Arkansas Court of Appeals. The appellate court reversed and remanded the case, reasoning that the Commission had no substantial basis to deny compensability because it had applied the wrong legal standard to determine whether the November 1996 incident constituted an independent intervening cause. Significantly, the appellate court concluded that although the legislature expressed an intent, via Act 796 of 1993, to overrule “all prior opinions or decisions of any administrative law judge, the Workers’ Compensation Commission, or courts of this state contrary to or in conflict with any provision of this act,” that (1) that declaration was not a blanket repeal of all prior decisions on the subject of independent intervening causes, and (2) preexisting case law regarding independent intervening causes remains in force for new act cases.

In support of its decision reversing the Commission, the Court of Appeals cited with approval its prior decisions in Georgia-Pacific Corp. v. Carter, 62 Ark. App. 162, 969 S.W.2d 677 (1998) (holding that new act has not changed the relevant analysis of independent-intervening-cause cases), and Guidry v. J. & R Eads Constr. Co., 11 Ark. App. 219, 669 S.W.2d 483 (1984) (decision under prior act finding that claimant’s activity triggering subsequent complication must be “unreasonable under the circumstances” to be an independent intervening cause).

From the appellate court’s decision reversing and remanding the Commission, comes the instant appeal. In their petition for review from the Court of Appeals’ decision, appellees and the Arkansas Self Insurers Association, as amicus curiae, argue that (1) Act 796 unambiguously declared the legislature’s intent to repeal all prior opinions, decisions, and case law in conflict with the new act, (2) the appellate court’s reliance on Carter and Guidry was misplaced, and (3) Ark. Code Ann. section 11 — 9—102(5)(F) (iii) (Repl. 1996), specifically controls the proper disposition of the instant case and dictates denial of additional benefits. In response, Davis argues that the. legislature merely intended to repeal all prior inconsistent case law.

I. Substantial evidence

Appellant’s first point on appeal challenges the sufficiency of the evidence supporting the Commission’s decision denying him additional benefits on the basis that his November 1996 accident was an independent intervening cause. Notably, when we grant a petition to review a case decided by the Court of Appeals, we review it as if it was filed originally in this court. See Williams v. State, 328 Ark. 487, 944 S.W.2d 822 (1997) (citing Allen v. State, 326 Ark. 541, 932 S.W.2d 764 (1996)). Moreover, on appeal, this court will view the evidence in the light most favorable to the Commission’s decision and affirm when that decision is supported by substantial evidence. Ester v. National Home Ctrs., Inc., 335 Ark. 356, 361, 981 S.W.2d 91 (1998) (citing Golden v. Westark Community College, 333 Ark. 41, 969 S.W.2d 154 (1998); Olsten Kimberly Quality Care v. Pettey, 328 Ark. 381, 944 S.W.2d 524 (1997)).

Substantial evidence exists if reasonable minds could reach the same conclusion. Id. We will not reverse the Commission’s decision unless fair-minded persons could not have reached the same conclusion when considering the same facts. Id. Where, as here, the Commission denies benefits because it determines that the claimant has failed to meet his burden of proof, the substantial-evidence standard of review requires us to affirm if the Commission’s decision displays a substantial basis for the denial of relief. McMillan v. U.S. Motors, 59 Ark. App. 85, 953 S.W.2d 907 (1997).

Here, the parties agree that Davis sustained a compensable ankle injury in April of 1996. Following his surgery in September of 1996 and treatment for a blood clot in November of 1996, Davis testified that his doctor informed him that once the blood-clot treatment stabilized, he could return to work within approximately two to four weeks from November 1. Consistent with that testimony, Dr. Lipke’s November 1, 1996, report states that Davis’s wound was “well healed” and that Davis demonstrated “good range of motion” with “no evidence of subluxation of the tendon.” Dr.

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Davis v. Old Dominion Freight Line, Inc.
20 S.W.3d 326 (Supreme Court of Arkansas, 2000)

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20 S.W.3d 326, 341 Ark. 751, 2000 Ark. LEXIS 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-old-dominion-freight-line-inc-ark-2000.