ITT/Higbie Manufacturing v. Gilliam

807 S.W.2d 44, 34 Ark. App. 154, 1991 Ark. App. LEXIS 217
CourtCourt of Appeals of Arkansas
DecidedApril 10, 1991
DocketCA 90-308
StatusPublished
Cited by14 cases

This text of 807 S.W.2d 44 (ITT/Higbie Manufacturing v. Gilliam) 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
ITT/Higbie Manufacturing v. Gilliam, 807 S.W.2d 44, 34 Ark. App. 154, 1991 Ark. App. LEXIS 217 (Ark. Ct. App. 1991).

Opinion

James R. Cooper, Judge.

The appellant in this worker’s compensation case was the appellee’s employer, and it accepted an October 10,1986 injury as compensable and further accepted a twenty-percent (20%) permanent partial disability and paid benefits accordingly. However, the appellant controverted any benefits in excess of twenty-percent (20%) permanent partial disability and argued that the appellee was not permanently and totally disabled as a result of her October 10, 1986, injury. A hearing was held before an administrative law judge (ALJ) who noted that the appellant controverted benefits in excess of 20 % permanent partial disability, determined that the appellee is permanently and totally disabled, and ordered the appellant to pay all reasonable hospital and medical expenses arising out of the October 10, 1986, injury. The appellant appealed this decision to the full Commission, which adopted the administrative law judge’s opinion. From the Commission’s decision, comes this appeal.

On appeal, the employer raises three points for reversal: first, that the Commission failed to make sufficiently detailed findings to allow for a meaningful review by this Court; second, that there was no substantial evidence to support the findings of the administrative law judge which were adopted by the full Commission, and that the ALJ incorrectly shifted the burden of proof to the employer; and third, that the appellee was offered but refused suitable light work and therefore was not entitled to benefits in excess of her twenty-percent (20 %) permanent partial impairment. We disagree with the employer’s arguments and we affirm.

As to the argument that the Commission’s findings were insufficient to permit meaningful review by this Court, we simply do not find this to be the case. In the case at bar the Commission issued a brief opinion which set out the specific findings of the administrative law judge, and affirmed and adopted the administrative law judge’s opinion as the decision of the Commission. Under Arkansas Law, the Commission is permitted to adopt the administrative law judge’s decision. See Odom v. Tosco Corp., 12Ark. App. 196, 672 S.W.2d 915 (1984). Moreover, in so doing the Commission makes the findings and conclusions of the administrative law judge also the findings and conclusions of the Commission. See Lybrand v. Arkansas Oak Flooring Co. and Liberty Mutual Insurance Co., 266 Ark. 946, 588 S.W.2d 449 (1979). Therefore, for purposes of our review, we consider both the administrative law judge’s order and the Commission’s order. In this case the administrative law judge went into great detail in his opinion and set out the circumstances of the case and the evidence supporting his findings; therefore we find that the findings of fact made by the administrative law judge and adopted by the Commission are sufficiently detailed to enable this Court to determine whether or not the Commission’s findings are supported by substantial evidence.

The appellant asks us to overrule St. Vincent Infirmary v. Carpenter, 268 Ark. 951, 597 S.W.2d 129 (Ark. App. 1980). It argues that the St. Vincent decision should not be allowed to stand because it permits the Commission to “rubber stamp” the administrative law judge’s decision. We do not agree. In St. Vincent, this Court held that the Commission met its obligation to find the facts by adopting the administrative law judge’s decision and that, by adopting the administrative law judge’s decision, the Commission made sufficient findings for purposes of our review. We are mindful of the Commission’s duty to conduct a de novo review on the basis of the record as a whole when deciding any issue. Ark. Code Ann. § 11-9-704 (1987). However, after conducting such a review, the Commission may adopt the administrative law judge’s findings which are identical to those arrived at by the Commission. See e.g. Southwest Pipe and Supply and Ins. Co. of North America v. Hoover, 13 Ark. App. 144, 680 S.W.2d 723 (1983), see also Odom, supra. We find no merit in the appellant’s argument, and we decline to overrule St. Vincent, supra.

In its next argument the appellant contends, first, that there is no substantial evidence to support the Commission’s decision, and second, that the burden of proof was improperly shifted to the employer. In determining the sufficiency of the evidence to sustain the findings of the Workers’ Compensation Commission, we review the evidence in the light most favorable to the Commission’s findings, and we must affirm if there is any substantial evidence to support these findings. Central Maloney, Inc. v. York, 10 Ark. App. 254, 663 S.W.2d 196 (1984). We may reverse the Commission’s decision only when we are convinced that fair-minded persons, with the same facts before them, could not have reached the conclusion arrived at by the Commission. Snow v. Alcoa, 15 Ark. App. 205, 691 S.W.2d 194 (1985).

Viewed in the light most favorable to the Commission’s findings, the record reveals that the claimant was fifty-nine years old at the time of the accident; that she had worked for the employer for fourteen years; that she had not been diagnosed as having osteoporosis until her work-related accident; and that, several weeks following her accident at work, there was a subsequent incident in which her back popped and she experienced pain and muscle spasms similar to that which she had experienced after her October 10, 1986, fall.

On October 21,1986, the claimant sought medical attention and, at the request of Dr. Joseph, the company doctor and the claimant’s treating physician, x-rays of the claimant’s back were taken by Dr. Elliot, a radiologist. These x-rays did not reveal a fracture but did show osteoporotic change. Dr. Joseph noted, however, that following an incident at home on November 1, 1986, while the claimant was sitting on a commode, she felt a pop in her back and experienced pain and muscle spasms and that she was seen in an emergency room where repeat lumbar x-rays revealed a questionable slight compression fracture. The x-rays were followed up with a CT scan which confirmed the fracture.

The claimant was also seen by Dr. Weber, who noted in this medical report dated June 12,1987 that he x-rayed the claimant and found compression fractures and severe osteoporosis. He stated that because of the fractures, her age, and her osteoporosis, she was 100 % impaired but that if all she had were the fractures incurred in the line of her normal work, her impairment would be ten to twenty percent to the body as a whole, and that a rate of twenty percent to the body as a whole could be attributed to her work injury.

Medical records from Dr. Staggs, who first examined the claimant on September 27, 1988, corroborate the diagnosis of Drs. Joseph and Weber. Specifically, Dr. Staggs states in his medical report that the claimant’s x-rays confirm severe osteoporosis and compression fractures, that the claimant has been at 100% disability since the diagnosis, and that she will never improve.

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Bluebook (online)
807 S.W.2d 44, 34 Ark. App. 154, 1991 Ark. App. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/itthigbie-manufacturing-v-gilliam-arkctapp-1991.