Haygood Ltd. Partnership v. Whisenant

47 S.W.3d 277, 74 Ark. App. 185, 2001 Ark. App. LEXIS 493
CourtCourt of Appeals of Arkansas
DecidedJune 13, 2001
DocketCA 00-1253
StatusPublished
Cited by1 cases

This text of 47 S.W.3d 277 (Haygood Ltd. Partnership v. Whisenant) 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
Haygood Ltd. Partnership v. Whisenant, 47 S.W.3d 277, 74 Ark. App. 185, 2001 Ark. App. LEXIS 493 (Ark. Ct. App. 2001).

Opinions

Wendell L. Griffen, Judge.

Appellant Haygood Limited Partnership challenges a decision by the Arkansas Workers’ Compensation Commission that appellee Michael L. Whisenant’s 1993 injury is not barred by the statute of limitations prescribed in Arkansas Code Annotated section 11-9-702 (1987), because he did not suffer a loss in earnings on account of the injury he sustained in 1993. As its sole point on appeal, appellant argues that the Commission’s ruling is erroneous. We affirm the Commission.

Factual and Procedural History

On January 8, 1993, Michael L. Whisenant sustained a com-pensable injury when he fell over the side of a delivery pick-up truck, which was approximately five feet from the ground, while working for appellant. Whisenant notified appellant of the accident, but did not seek treatment until January 11, 1993. He initially saw Dr. David McKay, a family practitioner, and complained of a skinned left elbow, contusions of his low back and left hip, and neck pain. Dr. McKay prescribed medication and directed appellee to return for a follow-up visit. Dr. McKay also referred appellee to Dr. Chris Alkire, an orthopedic surgeon who performed diagnostic studies including x-rays and MRI’s of appellee’s neck and lower back. Appellee was next examined by Dr. Warren Boop, a neurosurgeon. Appellee admitted that when he saw Dr. Boop, he relayed complaints of pain that increased when he rode in his truck or with any significant physical activity. However, he denied that he had any right hip pain following the injury. Throughout appellee’s medical treatment, he did not lose time from work relative to his injury. Rather, he continued working for appellant, who paid the cost of the treatment by Drs. McKay, Alkire and Boop, as well as referrals and physical therapy. Appellee testified that he did not remember being placed on any work restrictions, but that he would not disagree with what was indicated in the medical reports. His job consisted of delivering heavy-duty truck parts to customers. The work required a lot of lifting, but appellee testified he was able to continue his duties without limitations after the accident because there were no restrictions.

Appellee worked for appellant until October 1993, when he was laid off due to a reduction in business. He received unemployment benefits for six months, and then began working for Stovall Fabrication and Machine Shop. Appellee’s job with Stovall consisted of traveling, however it did not involve lifting.

A May 24, 1993, entry in Dr. Alkire’s chart notes shows that he informed appellant that appellee was continuing to work full duty, that he had placed no restrictions on appellee, and that due to appellee’s continued symptoms, he was scheduling an appointment in three months: On February 7, 1994, appellee saw Dr. Alkire regarding his 1993 injury. Dr. Alkire’s chart notes reflect that appel-lee was seen at the request of appellant to obtain a final report. Alkire’s notes indicate that appellee had met his maximum medical improvement and pursuant to AMA Guidelines, he assigned appel-lee an impairment rating of 13% to the body as a whole. The notes indicate that a courtesy copy was forwarded to appellant. Appellant paid the cost of the February 7, 1994, visit, but did not pay any disability benefits associated with the impairment rating. Appellee testified that Dr. Alkire did not tell him that he had a disability from his back or neck and that he was not informed that he had a disability rating. He stated that he first became aware of the rating when he read Dr. Alkire’s February 7, 1994 report.

Appellee continued working for Stovall for approximately two years. He testified that during this time, he did not seek or obtain medical treatment relative to his neck, back, or hip. Appellee testified that he did not experience pain in his neck, back or hip until late 1998 when he began to experience problems in both hips, problems with stooping, bending over, popping in the joint area of the hip and pelvis and a lot of pain on the right side. After he began experiencing pain, appellee telephoned appellant, who referred him to the Commission. Appellee testified that the reason he contacted appellant was because he had not had any injuries other than the January 8, 1993 incident.

On April 22, 1999, appellee sought treatment from Dr. Joseph Greenspan, who provided physical therapy, injections into his SI joint, and furnished appellee with a SI belt. Dr. Greenspan also recommended a discogram. Appellee sought compensation, alleging that his injury, which occurred prior to the enactment of Act 796 of 1993, was a latent condition. Appellant responded that appellee’s condition was not latent and that his claim was barred by the statute of limitations. Following a hearing, the ALJ found that appellee sustained an injury on January 8, 1993, arising out of and in the course of his employment and held that appellee’s claim was not barred by the two-year limitation period because he experienced no loss of wages from it. After a de novo review, the Commission affirmed and adopted the ALJ’s findings and conclusions of law. This appeal follows.

Standard of Review

Decisions by the Commission are affirmed when we determine that the decision is supported by substantial evidence, i.e., that reasonable minds could have reached the same conclusion. See Minnesota Mining & Mfg. v. Baker, 337 Ark. 94, 989 S.W.2d 151 (1999). The key factor is not whether we would have reached a different outcome or whether the proof supports a conflicting result. See id. Instead, if reasonable minds could have reached the same conclusion as the Commission, we will affirm. See id.

Analysis

Arkansas Code Annotated section 11-9-702 (1987) mandates that “a claim for compensation for disability on account of an injury other than an occupational disease and occupational infection shall be barred unless filed within two (2) years from the date of injury.” Appellee’s fall occurred January 8, 1993. He now seeks medical treatment provided by Dr. Greenspan on April 22, 1999, more than six years after the fall. Appellant asserts that because appellee suffered an injury and was placed on a “no lifting” work restriction by his physician, appellee suffered a compensable injury that was barred by statute of limitations. We see no reason to accept appellant’s novel and narrow position.

On the date of appellee’s fall, the statute of limitations for workers’ compensation claims commenced at the time of the injury rather than the time of the accident. See Calion Lumber Co. v. Goff, 14 Ark. App. 18, 684 S.W.2d 272 (1985). At the time of appellee’s injury, Arkansas was and still is a “compensable-injury state,” meaning an injury becomes compensable when 1) the claimant learns the extent of his injuries and 2) the claimant is off work for a period of time that entitles him to benefits for a compensable injury. See Calion, supra.

In Donaldson v. Calvert McBride Ptg. Co., 217 Ark. 625, 232 S.W.2d 651 (1950), our supreme court held that the terms “time of injury” and “time of accident” are not synonymous. It observed that while an injury may result from an accident, an accident may or may not result in an injury.

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Bluebook (online)
47 S.W.3d 277, 74 Ark. App. 185, 2001 Ark. App. LEXIS 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haygood-ltd-partnership-v-whisenant-arkctapp-2001.