Hope School District v. Wilson

382 S.W.3d 782, 2011 Ark. App. 219, 2011 Ark. App. LEXIS 233
CourtCourt of Appeals of Arkansas
DecidedMarch 16, 2011
DocketNo. CA 10-1069
StatusPublished
Cited by10 cases

This text of 382 S.W.3d 782 (Hope School District v. Wilson) 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
Hope School District v. Wilson, 382 S.W.3d 782, 2011 Ark. App. 219, 2011 Ark. App. LEXIS 233 (Ark. Ct. App. 2011).

Opinions

DOUG MARTIN, Judge.

| Appellant Hope School District (the District) appeals a decision of the Workers’ Compensation Commission awarding permanent partial disability benefits and a 2% wage-loss benefit to appellee Charles Wilson. Wilson cross-appeals the Commission’s denial of his request for additional temporary total disability benefits and his request for more than a 2% wage-loss benefit. We find no error and affirm.

Wilson worked as a custodian for the District and suffered an admittedly com-pensable injury to his left shoulder on August 17, 2007. The District paid temporary total disability benefits through November 30, 2007. Wilson returned to work on February 19, 2008, and was given a revised schedule of work duties to accommodate his injury. On April 30, 2008, Wilson’s supervisor, Maurice Henry, asked Wilson if he planned to return to work for the ^District the following school year. In response, Wilson signed a “letter of intention” indicating that he did not want to be employed as a custodian for the District during the 2008-2009 school year. Wilson’s employment with the District ended in August 2008.

Wilson’s shoulder injury was treated by Dr. Young, an orthopedic physician. In addition, Dr. Holladay examined Wilson in April 2009 and assigned him an 11% upper extremity impairment that was converted into “a 7% whole-person impairment as residual from the work-related injury.”

Wilson subsequently sought additional temporary total disability benefits for work missed from December 1, 2007, to February 19, 2008. In addition, he sought permanent partial disability benefits associated with the 7% permanent impairment rating he was assigned, wage-loss disability benefits, and additional medical treatment.

After a hearing on December 3, 2009, the administrative law judge (ALJ) entered an opinion on February 25, 2010, denying Wilson’s request for additional temporary total disability benefits; finding Wilson entitled to permanent partial disability benefits and awarding him benefits for a 7% anatomical impairment rating to the body as a whole; finding that Wilson’s claim for wage-loss benefits was not barred by Arkansas Code Annotated section ll-9-522(b); and finding that Wilson’s request for additional medical treatment was reasonable. The District appealed the ALJ’s findings, and the Commission adopted and affirmed the AL J’s decision in an opinion and order entered August 13, 2010. The District filed a timely notice of appeal, and Wilson filed a timely notice of cross-appeal.

| ^Standard of Review

Typically, on appeal to this court, we review only the decision of the Commission, not that of the ALJ. Daniels v. Affiliated Foods Sw., 70 Ark.App. 319, 17 S.W.3d 817 (2000). In this case, the Commission affirmed and adopted the ALJ’s opinion as its own, which it is permitted to do under Arkansas law. See Death & Permanent Total Disability Trust Fund v. Branum, 82 Ark.App. 338, 107 S.W.3d 876 (2003). Moreover, in so doing, the Commission makes the ALJ’s findings and conclusions the findings and conclusions of the Commission. See Branum, supra. Therefore, for purposes of our review, we consider both the ALJ’s order and the Commission’s majority order.

In appeals involving claims for workers’ compensation, our court views the evidence in the light most favorable to the Commission’s decision and affirms the decision if it is supported by substantial evidence. Galloway v. Tyson Foods, Inc., 2010 Ark. App. 610, at 5, 378 S.W.3d 210, 213-14. Substantial evidence exists if reasonable minds could reach the Commission’s conclusion. Galloway, 2010 Ark. App. 610, at 5, 378 S.W.3d at 213-14. The issue is not whether the appellate court might have reached a different result from the Commission; if reasonable minds could reach the result found by the Commission, the appellate court must affirm. Id. Where the Commission denies a claim because of the claimant’s failure 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. Id.

14Questions concerning the credibility of witnesses and the weight to be given to their testimony are within the exclusive province of the Commission, and when there are contradictions in the evidence, it is within the Commission’s province to reconcile conflicting evidence and to determine the true facts. Neal v. Sparks Reg’l Med. Ctr., 104 Ark.App. 97, 102, 289 S.W.3d 163, 167 (2008). The Commission is not required to believe the testimony of the claimant or any other witnesses but may accept and translate into findings of fact only those portions of the testimony that it deems worthy of belief. Id.

Direct Appeal

In its first argument on direct appeal, the District argues that the Commission erred in finding that Arkansas Code Annotated sections ll-9-522(b) and 11-9-526 did not bar Wilson’s wage-loss claim.1 Permanent benefits shall be awarded only upon a determination that the compensable injury was the major cause of the disability or impairment. Ark.Code Ann. § ll-9-102(4)(F)(ii)(a) (Supp.2009). In order to receive wage-loss-disability benefits in excess of one’s permanent physical impairment, a claimant first must prove by a preponderance of the evidence that he sustained permanent physical impairment as a result of a com-pensable injury. Bio-Tech Pharmacal, Inc. v. Blouin, 2010 Ark. App. 714, 379 S.W.3d 594; Taggart v. Mid Am. Packaging, 2009 Ark. App. 335, at 4, 308 S.W.3d 643, 646. The wage-loss factor is the extent to which a compensable injury has affected the claimant’s ability | fito earn a livelihood. Taggart, 2009 Ark. App. 335, at 5, 308 S.W.3d at 647. In considering claims for permanent partial disability benefits in excess of the employee’s percentage of permanent physical impairment, the Commission may take into account, in addition to the percentage of permanent physical impairment, such factors as the employee’s age, education, work experience, and other matters reasonably expected to affect his or her future earning capacity. .Ark.Code Ann. § ll-9-522(b)(l) (Repl.2002).

Section ll-9-522(b)(2) goes bn, however, to provide that

so long as an employee, subsequent to his injury, has returned to work, has obtained other employment, or has a bona fide and reasonably obtainable offer to be employed at wages equal to or greater than his or her average weekly wage at the time of the accident, he or she shall not be entitled to permanent partial disability benefits in excess of the percentage of permanent physical impairment established by a preponderance of the medical testimony and evidence.

The employer bears the burden of proving the employee’s receipt of a bona fide offer to be employed. Ark.Code Ann. § 11 — 9— 522(c)(1).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Crystal Gainey v. Genoa School District
2025 Ark. App. 330 (Court of Appeals of Arkansas, 2025)
Ark. Dep't of Transportation v. Travis Evans
2025 Ark. App. 39 (Court of Appeals of Arkansas, 2025)
Robinson v. MidFirst Bank
2014 Ark. App. 342 (Court of Appeals of Arkansas, 2014)
Hill v. Treadaway
2014 Ark. App. 185 (Court of Appeals of Arkansas, 2014)
Odd Jobs & More & Nationwide Insurance Co. v. Reid
384 S.W.3d 630 (Court of Appeals of Arkansas, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
382 S.W.3d 782, 2011 Ark. App. 219, 2011 Ark. App. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hope-school-district-v-wilson-arkctapp-2011.