Grimes v. North American Foundry

872 S.W.2d 59, 316 Ark. 395, 1994 Ark. LEXIS 169
CourtSupreme Court of Arkansas
DecidedMarch 21, 1994
Docket93-722
StatusPublished
Cited by1 cases

This text of 872 S.W.2d 59 (Grimes v. North American Foundry) 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
Grimes v. North American Foundry, 872 S.W.2d 59, 316 Ark. 395, 1994 Ark. LEXIS 169 (Ark. 1994).

Opinions

Steele Hays, Justice.

This is a Workers’ Compensation case. Claimant/appellant is Steven Grimes. Respondents/appellees are North American Foundry and its carrier. Grimes sustained a compensable injury to his back on August 20, 1987. He received temporary total disability for three months and returned to his employment at the foundry on November 23. Fifteen months later he was laid off along with other employees.

An administrative law judge determined that Grimes had sustained a seventeen percent permanent partial disability, seven percent of which was attributable to an impairment rating and ten percent due to wage loss. Both parties appealed to the Commission, which remanded the case to the administrative law judge to determine whether Grimes was laid off as a result of his injury or for economic reasons.

The administrative law judge reinstated his previous award, at the same time finding that Grimes was laid off for economic reasons. North American Foundry appealed and the Commission, with one dissenting member, agreed with the seven percent anatomical impairment rating but held that Grimes had not suffered a loss in wage earning capacity attributable to his injury.

On appeal to the Court of Appeals, Grimes assigned three errors to the Commission: it erred in remanding the case to the administrative law judge for additional evidence, erred in denying benefits in excess of seven percent and erred in the interpretation of Ark. Code Ann. § 11-9-522 (1987). By a vote of three to three the Court of Appeals affirmed the Commission and, because of the tie vote, we granted Grimes’s petition to review the decision of the Court of Appeals. We now affirm the Commission.

I

Citing Gencorp Polymer Products v. Landers, 36 Ark. App. 190, 820 S.W.2d 475 (1991) and Ark. Code Ann. § 11-9-705(c)(l)(1987), Grimes argues the Commission abused its discretion in initially remanding the case to the administrative law judge for additional evidence when no request for a hearing for the introduction of additional evidence had been filed by either party. Grimes maintains the remand gave the appellee/respondent a second chance to present sufficient evidence to carry its burden of proof. Appellee points out in response that it was Grimes who benefitted from the remand because the burden of proof at that hearing rested on the claimant, not on the appellee.

In its ensuing opinion the Commission explained why the remand was warranted:

It appears that the significance of why we remanded this case may have been lost. The issue is whether the claimant has met his burden of proving by a preponderance of the evidence that he has suffered a loss in wage earning capacity. The question of whether claimant is laid off for economic reasons or as a result of his compensable injury is extremely relevant in determining whether the claimant has met his burden of proof.
* * * *
Further, this is a very important factor because if the claimant had not been laid off for economic reasons, he would still be earning the same wages or greater wages than those he was earning at the time of the accident. This indicates that the claimant’s earning capacity has not been diminished, as a result of his injury, but that he was simply laid off along with other employees of the company for economic reasons. While the claimant is currently working for D & N Machine making $5.25 or $5.50 per hour as opposed to $6.15 per hour he was earning when he was laid off, the claimant has offered insufficient proof that he took a lesser paying job because of his compensable injury.

Section ll-9-705(c)(l) provides that each party shall present all oral or documentary evidence at the initial hearing. It also provides that further hearings for additional evidence “will be granted only at the discretion of the hearing officer or the Commission.” The statute also provides that a request for a hearing must show the substance of the evidence to be presented.

Undoubtedly this section was intended to inhibit piece-meal proceedings in workers’ compensation cases, but without foreclosing the Commission’s discretion to order additional hearings when appropriate. As it is clear from the statute that the Commission has the authority to do what was done in this case, the only question is, was it an abuse of discretion? Since there were sound reasons for the remand and it inured no less to the benefit of the claimant than to the respondent, we cannot say the Commission’s discretion was abused.

Nor do we read the Gencorp case as mandating a reversal of the Commission’s order of remand. The administrative law judge in Gencorp had “reserved for future determination” claimant’s entitlement to temporary total disability and the Commission affirmed and adopted that ruling. Reversing, the Court of Appeals observed that it is the duty of the Commission to translate the evidence on all issues into findings of fact [Sanyo Manufacturing Corporation v. Leisure, 12 Ark. App. 274, 675 S.W.2d 841 (1984)], whereas, reserving a material issue for future determination was not a finding of fact, but a declination to find a fact. Granted, the opinion takes note of § 1 l-9-705(c)(l), requiring that all evidence be presented at the initial hearing and that the claimant had been allowed “a second bite at the apple.” However, the greater emphasis, we believe, was placed on the failure to make the finding of fact, as opposed to the order of remand, as evidenced by the comment:

“disregarding its duty to find the facts in order to give the appellee [claimant] the benefit of the doubt is not within the Commission’s authority,” citing Allen Canning Co. v. McReynolds, 5 Ark. App. 78, 632 S.W.2d 450 (1982).

Gencorp, supra, at 195.

The intimations of that opinion, as we read it, are that the reversible error lay in the failure of the administrative law judge and the Commission to make an essential finding of fact and the reference to § ll-9-705(c)(l) was merely surplusage. Whether that is an accurate reading of Gencorp we leave to the Court of Appeals. It is enough to note that § ll-9-705(c)(l) specifically contemplates that while all evidence is to be offered at the initial hearing, the Commission and the administrative law judge have the discretionary power to permit the introduction of additional evidence. We cannot say the Commission exceeded the authority given it under the statute by ordering additional evidence in this instance.

II

Second, Grimes submits the Commission erred in denying disability benefits in excess of seven percent to the body as a whole. Steven Grimes is a thirty-six year old high school graduate with a long and productive record of employment. Prior to his injury Grimes had obtained 140 hours of community college training in machine shop, carpentry and automotive repair. He had no problems before but can no longer do carpentry or automotive work because of his injuries. Before being hired by the foundry Grimes worked for ten years for Whirlpool.

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Bluebook (online)
872 S.W.2d 59, 316 Ark. 395, 1994 Ark. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grimes-v-north-american-foundry-ark-1994.