Jones Truck Lines v. Pendergrass

206 S.W.3d 272, 90 Ark. App. 402, 2005 Ark. App. LEXIS 285
CourtCourt of Appeals of Arkansas
DecidedApril 6, 2005
DocketCA 04-960
StatusPublished
Cited by11 cases

This text of 206 S.W.3d 272 (Jones Truck Lines v. Pendergrass) 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
Jones Truck Lines v. Pendergrass, 206 S.W.3d 272, 90 Ark. App. 402, 2005 Ark. App. LEXIS 285 (Ark. Ct. App. 2005).

Opinion

David M. Glover, Judge.

Appellee, Wilford Pendergrass, suffered a compensable injury in 1971 while he was working for appellant Jones Truck Lines. This appeal arises from a June 10, 2004 decision of the Workers’ Compensation Commission, which affirmed and adopted the ALJ’s decision and awarded appellee additional benefits for the injury, concluding that appellee’s claim for additional compensation benefits was not barred by the statute of limitations or by the doctrine of laches. We affirm the Commission.

Background

The facts of this case are essentially undisputed and can be summarized briefly. Appellee began working for Jones Truck Lines in April 1968 as a truck driver, and he worked there until 1989. In December 1971, appellee was helping to unload a crate of plate glass from the trailer of a truck when the crate fell on him and “broke his knee.” His injury was compensable and he was treated by an orthopedic surgeon, Dr. Tom Phillip Coker, who performed a lateral meniscectomy on December 1, 1972.

In a December 3, 1973 report, Dr. Coker gave appellee a permanent physical-impairment rating of twenty-five percent to the left lower extremity. He noted that appellee would continue, to have problems with his left knee, that those problems would increase over time, and that he would probably need a joint replacement. The problems did continue and Dr. Coker replaced appellee’s knee joint on December 4,1974. On February 12,1976, Dr. Coker assigned appellee a total-impairment rating in the amount of thirty-five percent to the left lower extremity, noting that the life of the arthroplasty was unknown and recommending that appellee continue follow-up care for the rest of his life to determine whether further treatment was necessary.

The ALJ determined that the extent of the follow-up care on appellee after February 1976 was unclear, but that he did return to Dr. Coker on January 2, 1986, for an evaluation and that he saw Dr. Coker’s son, Dr. Tom Patrick Coker, on June 16, 2003. The younger Dr. Coker determined on that date that appellee’s knee had become loose, and on July 28, 2003, he performed a total knee arthroplasty to repair the prior procedure. Dr. Coker released appellee on October 27, 2003, and in a December 30, 2003 report, he assigned appellee a permanent physical-impairment rating of fifty percent to the left lower extremity.

In 1974, appellee had filed an A-7 form with the Commission requesting compensation benefits. The claim was placed on hold while the parties engaged in settlement negotiations. According to the ALJ’s decision, the claim was referred to Commission referees on two occasions for hearings, but the hearings were postponed at the parties’ request. The claim was returned to Little Rock and placed on inactive status in 1976.

Current Claim

In the claim giving rise to this appeal, appellee sought additional medical treatment for his compensable injury, i.e., payment for the surgical procedure performed by the younger Dr. Coker in 2003; payment of temporary-total disability benefits beginning August 4, 2003, through October 27, 2003; permanent-partial disability benefits equal to fifty percent to the left lower extremity; and a controverted attorney’s fee.

Appellants raise one point of appeal, but divide it into two subpoints: 1) that appellee’s claim was barred by the doctrine of laches, and 2) that the claim was barred by the statute of limitations.

Standard of Review

When reviewing a decision of the Workers’ Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission’s findings and affirm if they are supported by substantial evidence. Morales v. Martinez, 88 Ark. App. 274, 198 S.W.3d 134 (2004). Substantial evidence is that evidence a reasonable person might accept as adequate to support a conclusion. Id. A decision of the Commission is reversed only if we are convinced that fair-minded persons with the same facts before them could not reach the conclusion reached by the Commission. Id. In our review, we defer to the Commission in determining the weight of the evidence and the credibility of the witnesses. Id. The issue is not whether we may have reached a different conclusion or whether the evidence might have supported a contrary finding. Williams v. Brown’s Sheet Metal/CNA Ins. Co., 81 Ark. App. 459, 105 S.W.3d 382 (2003).

The Doctrine of Laches

In Summit Mall Co. v. Lemond, 355 Ark. 190, 206, 132 S.W.3d 725, 735 (2003), our supreme court explained:

This court has summarized the laches defense by stating that it is based on the equitable principle that an unreasonable delay by the party seeking relief precludes recovery when the circumstances are such as to make it inequitable or unjust for the party to seek relief now. The laches defense requires a detrimental change in the position of the one asserting the doctrine, as well as an unreasonable delay by the one asserting his or her rights against whom laches is invoked.

(Citations omitted.) Laches requires a demonstration of prejudice to the party alleging it as a defense resulting from a plaintiff s delay in pursuing a claim. Goforth v. Smith, 338 Ark. 65, 991 S.W.2d 579 (1999) (emphasis added).

Here, the ALJ rejected appellants’ laches argument, reasoning:

After reviewing the evidence in this case, I find that the doctrine of laches is not applicable. Certainly, the passage of time has somewhat prejudiced the respondent’s ability to defend this claim.
However, I do not find that this delay was the result of the claimant having been aware of his rights and failing to assert them. The benefit which claimant is requesting is additional medical treatment relating to the replacement of his knee which did not occur until 2003. Although claimant had filed a claim for additional compensation benefits in 1974, this particular issue could not have been litigated at that time. Furthermore, as previously noted, documentary evidence indicates that respondent was aware that claimant was concerned about his future medical benefits, that a replacement procedure might be necessary in the future, and that respondent would be responsible for that procedure. For these reasons, I do not find that the doctrine of laches is applicable to this claim.

(Emphasis added.)

In making their laches argument to this court on appeal, appellants contend that the “Commission erred in concluding that the claimant was unaware of his rights because his counsel’s knowledge was imputed to him as a matter of law.” (Emphasis added.) They then assert that

[A]ny knowledge of Attorney Gallman would be imputed to Mr. Pendergrass and the delivery of the compensation benefits to Mr. Gallman would be the same as delivery to Mr. Pendergrass.

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Bluebook (online)
206 S.W.3d 272, 90 Ark. App. 402, 2005 Ark. App. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-truck-lines-v-pendergrass-arkctapp-2005.