JONES BROTHERS, INC. v. Whitlock

234 S.W.3d 864, 366 Ark. 254
CourtSupreme Court of Arkansas
DecidedMay 4, 2006
Docket05-1135
StatusPublished
Cited by3 cases

This text of 234 S.W.3d 864 (JONES BROTHERS, INC. v. Whitlock) 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
JONES BROTHERS, INC. v. Whitlock, 234 S.W.3d 864, 366 Ark. 254 (Ark. 2006).

Opinion

Robert L. Brown, Justice.

Appellants Jones Brothers, Inc. and its insurer, Lumbermen’s Underwriting Alliance, appeal an order by the Workers’ Compensation Commission to pay benefits to appellee Leslie Keeter. Jones Brothers raises three issues on appeal: (1) substantial evidence does not support the Commission’s decision; (2) Jones Brothers was not the statutory employer; and (3) the method of recovery for Jones Brothers against the responsible subcontractor is error.

In the cross-appeal mounted by appellee Journagan Construction Company and its insurer, appellee Builders’ Association Outstates Insurance Plan/Benchmark Insurance Company, they urge that the Commission erred in giving Jones Brothers a lien against Journagan and further erred in failing to decide whether appellee Aggregate Transportation Specialist, LLC, had workers’ compensation insurance.

On September 22, 1997, Jones Brothers, Inc. contracted directly with the Arkansas Highway Commission to perform services and to provide materials to be used in the Highway 62-412 project along a four-and-a-half mile stretch west of Harrison. Thereafter, Jones Brothers entered into a written contract with Journagan, which was to perform a portion of that contract. In turn, Journagan entered into an oral contract with appellee Aggregate to provide trucks to haul some of the road material required under the contract between Jones Brothers and Journagan. Finally, Aggregate hired appellee Michael Whitlock Trucking Company to provide some trucks for hauling material on the project.

On September 13, 1999, the claimant, Leslie A. Keeter, was driving an empty dump truck for Whitlock while working on the Highway 62-412 project when he was struck by a larger, loaded dump truck. The collision caused severe injuries to Mr. Keeter, including a fractured spine, a fracture to his right elbow, and a collapsed right lung. Mr. Keeter spent approximately a month in the hospital and approximately six months in rehabilitation. He is now a quadriplegic who suffers from severe physical paralysis and mental difficulties.

The Commission adopted twelve findings of fact from the administrative law judge and made conclusions of law. Included in those findings was the fact that Whitlock was an uninsured employer for purposes of workers’ compensation benefits, that Jones Brothers was liable to Mr. Keeter as a statutory employer, that Jones Brothers was entitled to a lien against money due to Journagan, and that Journagan, in turn, had a lien against money owed to Aggregate and so on.

Jones Brothers appealed three of those findings to the court of appeals. In its opinion, the court of appeals affirmed the decision of the Commission. See Jones Bros., Inc. v. Journagan Const. Co., 92 Ark. App. 406, 214 S.W.3d 870 (2005). This court subsequently-granted a petition for review filed by Jones Brothers. When this court grants a petition for review, it considers the appeal as though the case originally had been filed in this court. See, eg., Wallace v. West Fraser South, Inc., 365 Ark. 68, 225 S.W.3d 361 (2006).

We affirm the order of the Workers’ Compensation Commission in part and reverse and remand in part. With regard to the opinion of the court of appeals, it is reversed in part.

For its first point on appeal, Jones Brothers contends that the following finding of the Full Commission was made in error: 1

3. That the Claimant has proven by a preponderance of the evidence that. . . [his] injuries arose out of and in the course of his employment when he was involved in a motor vehicle accident on September 13, 1999, while engaged in carrying materials to the work site of the Highway 62-412 highway construction project contracted by RJE4 with the Arkansas State Highway Department; ....

According to Jones Brothers, Mr. Keeter failed to provide the evidence necessary to prove by a preponderance of the evidence that he sustained a compensable injury as a result of work he performed in furtherance of the written subcontract agreement between Jones Brothers and Journagan. Specifically, Jones Brothers asserts that Mr. Keeter testified that he has no independent recollection of what job he was working on at the time of his accident. Jones Brothers further contends that it would be speculation to determine on which project Mr. Keeter was working, because both Journagan and Aggregate were involved in several projects at the time of the accident.

We disagree and hold that the Commission’s decision is supported by substantial evidence. 2 When considering an appeal that involves claims for workers’ compensation, this 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. See Wallace, supra. This court has described substantial evidence in this context as follows:

Substantial evidence is evidence that a reasonable mind might accept as adequate to support a conclusion. 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 the decision. 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.

Wallace, 365 Ark. at 69-70, 225 S.W.3d at 363 (internal citations omitted).

It is clear that reasonable minds could reach the result found by the Commission based on the evidence before it. Mr. Keeter’s wife, Becky Keeter, testified that Mr. Keeter was going to work on the Highway 62-412 project near Harrison on the morning of September 13, 1999. She explained that she remembers where he was working in part due to the phone call she received on the evening of September 12, 1999, instructing Mr. Keeter where he would be working the following day. She also testified that Mr. Keeter called her on the morning of September 13 on his way to work and talked about the project he would be working on that day.

Mr. Keeter’s employer, Mr. Whitlock, further testified that Mr. Keeter was working on the Highway 62-412 project on the date of the accident. Additional testimony established that Whit-lock’s work on the Highway 62-412 project was done pursuant to an agreement with Aggregate, which was supplying services on that project based on its agreement with Journagan. The subcontract agreement between Jones Brothers and Journagan established that Jones Brothers contracted directly with Journagan for services on the Highway 62-412 project. Finally, there was testimony that the accident occurred near the site of that project.

Taken together, this evidence meets our standard of review of substantial evidence. We affirm the Commission on this point.

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234 S.W.3d 864, 366 Ark. 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-brothers-inc-v-whitlock-ark-2006.