Ester v. National Home Centers, Inc.

981 S.W.2d 91, 335 Ark. 356, 1998 Ark. LEXIS 661
CourtSupreme Court of Arkansas
DecidedDecember 10, 1998
Docket98-405
StatusPublished
Cited by81 cases

This text of 981 S.W.2d 91 (Ester v. National Home Centers, 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
Ester v. National Home Centers, Inc., 981 S.W.2d 91, 335 Ark. 356, 1998 Ark. LEXIS 661 (Ark. 1998).

Opinion

Annabelle Clinton Imber, Justice.

The appellant, Eugene Ester, appeals from the decision of the Workers’ Compensation Commission denying him benefits for injuries he sustained in a work-related accident. The Commission found that Mr. Ester failed to rebut the statutory presumption in Ark. Code Ann. § 11-9-102(5)(B)(iv) (Supp. 1997) that his injury was substantially occasioned by the use of illegal drugs. The Commission also concluded that the statute does not violate the constitutional guarantees of due process or equal protection. The Court of Appeals affirmed the Commission’s decision. Ester v. National Home, Centers, Inc., 61 Ark. App. 91, 967 S.W.2d 565 (1998). We granted a petition for review in order to address the application of the statutory presumption to drug tests that show the presence of drug metabolites. Upon further examination of the record in this case, we conclude that we are unable to fully address that issue at this time. We affirm the decision of the Commission.

On March 28, 1995, Eugene Ester was injured when the truck he was driving for National Home Centers turned over, spilling a load of timber onto the road. While being treated for his injuries, Mr. Ester submitted to a drug-screen test. The test results were positive for opiates and cocaine metabolites. Mr. Ester subsequently filed a claim for workers’ compensation benefits. National Home Centers controverted the claim on the basis that Mr. Ester’s injuries were not compensable because they were “substantially occasioned by the use of. . . illegal drugs” pursuant to Ark. Code Ann. § 11-9-102(5)(B)(iv) (Supp. 1997).

At the hearing before an Administrative Law Judge, the positive drug-test results were introduced into evidence. A letter from Dr. Thomas Rooney explained that the positive result for opiates could be attributed to the morphine shot that Mr. Ester received prior to the administration of the drug screen. Mr. Ester testified that he had not used cocaine or any other illegal drug on the day of the accident. However, he admitted to using one or two rocks of cocaine approximately three days before the accident, and attributed the positive result for cocaine metabolites to this incident. Mr. Ester testified that, other than this isolated incident, he had not used cocaine since 1988.

Mr. Ester further testified that he believed the accident occurred because the timber had been loaded improperly onto the flatbed of his truck. When his truck rounded a curve, the load shifted and the truck overturned. Mr. Ester stated that he told the people loading the timber that it was not properly banded. They agreed with him, but asked him to go ahead and carry the load as it was. Even though he believed the timber was loaded improperly, Mr. Ester admitted that he helped secure the load to the flatbed.

State Trooper Oliver Nunn investigated the accident. He testified at the hearing that there were 150 feet of scuff marks at the scene. Trooper Nunn testified that no adverse weather conditions contributed to the accident. Rather, it was his opinion that the truck turned over because it was going too fast as it went around a curve on the 1-40 exit ramp. He further stated that he got close enough to Mr. Ester to determine that no alcohol was involved. Trooper Nunn did not issue a citation as a result of this accident.

The ALJ concluded that Mr. Ester presented sufficient evidence to rebut the statutory presumption that his injuries were substantially occasioned by the use of illegal drugs and awarded benefits. After conducting a de novo review of the record, the Workers’ Compensation Commission reversed the ALJ’s decision, concluding that Mr. Ester failed to rebut the statutory presumption because the only evidence Mr. Ester presented to establish that he was not under the influence of illegal drugs at the time of the accident was his own testimony, which the Commission did not find to be credible. The Commission pointed out that Mr. Ester tested positive for cocaine metabolites, and that Trooper Nunn testified that the accident was caused by the driver going too fast for conditions. The Commission concluded that this evidence indicated that the cause of the accident was consistent with impairment due to illegal drugs.

On appeal to the Commission, Mr. Ester also argued that the statutory presumption violated his constitutional rights to due process and equal protection. The Commission upheld the statute’s constitutionality by concluding (a) that the presumption is consistent with, and rationally related to, the legitimate purpose of placing the burden of production on the party with the greatest access to relevant information; and (b) that a positive test for drug metabolites in urine samples creates a sufficiently reasonable inference of impairment so as to support the presumption that the injury was caused by drug use. Accordingly, the Commission denied Mr. Ester’s request for benefits. The Court of Appeals agreed with the Commission that Mr. Ester faded to rebut the statutory presumption and affirmed the Commission. Ester, supra. The Court of Appeals also affirmed the Commission on Mr. Ester’s equal protection and due process challenge, noting that the statute could also be sustained on the basis that it was rationally related to the legitimate government objective of promoting a safe workplace. Id.

In reviewing an appeal from the Workers’ Compensation Commission, we view the evidence in a fight most favorable to the Commission’s decision and affirm when that decision is supported by substantial evidence. 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.

In 1993, the General Assembly enacted the following provision, codified at Ark. Code Ann. § ll-9-102(5)(B)(iv) (Supp. 1997):

(B) “Compensable injury” does not include:
(iv)(a) Injury where the accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician’s orders.
(b) The presence of alcohol, illegal drugs, or prescription drugs used in contravention of a physician’s orders shall create a rebut-table presumption that the injury or accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of a physician’s orders.
(d) An employee shall not be entitled to compensation unless it is proved by a preponderance of the evidence that the alcohol, illegal drugs, or prescription drugs utilized in contravention of the physician’s orders did not substantially occasion the injury or accident.

Mr. Ester argues that the drug-test results did not establish the presence of cocaine in his system at the time of the accident. Specifically, Mr.

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Bluebook (online)
981 S.W.2d 91, 335 Ark. 356, 1998 Ark. LEXIS 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ester-v-national-home-centers-inc-ark-1998.