Kildow v. Baldwin Piano & Organ

999 S.W.2d 199, 67 Ark. App. 289, 1999 Ark. App. LEXIS 604
CourtCourt of Appeals of Arkansas
DecidedSeptember 22, 1999
DocketCA 99-38
StatusPublished

This text of 999 S.W.2d 199 (Kildow v. Baldwin Piano & Organ) 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
Kildow v. Baldwin Piano & Organ, 999 S.W.2d 199, 67 Ark. App. 289, 1999 Ark. App. LEXIS 604 (Ark. Ct. App. 1999).

Opinion

Olly Neal, Judge.

Lilly Kildow appeals the order of the Workers’ Compensation Commission finding that she failed to prove that she sustained a compensable injury. In Kildow v. Baldwin Piano & Organ, 58 Ark. App. 194, 948 S.W.2d 100 (1997) (Kildow P), this court reversed the Commission’s order that denied the compensability of the claimant’s claim for benefits related to carpal tunnel syndrome based upon the Commission’s finding that her work activities did not involve rapid and repetitive motion. Our reversal was based upon the belief that the claimant had proven that her work involved rapid and repetitive motion. In Kildow v. Baldwin Piano & Organ, 333 Ark. 335, 969 S.W.2d 190 (1998) (Kildow II), the supreme court reversed our decision in Kildow I, and in doing so held that proof of rapid and repetitive motion was not necessary in workers’ compensation claims where the alleged injury is carpal tunnel syndrome. The matter was then remanded to the Commission so that additional proceedings could be conducted consistent with the supreme court’s opinion. On remand, the Commission determined that Ms. Kildow did not prove the compensability of her claim by offering objective medical findings. Ms. Kildow appeals to this court and argues two points for reversal: the Workers’ Compensation Commission erred in rehearing this case on the merits and failing to apply the doctrines of res judicata and collateral estoppel; and, alternatively, that the Commission’s decision is not supported by substantial evidence. We find no error and affirm.

Appellant first argues that the Commission erred in rehearing the merits of her claim on remand, and that the doctrine of res judicata prohibits such action. The doctrine of res judicata, which is applicable to decisions of the Workers’ Compensation Commission, forbids the reopening of matters once judicially determined by competent authority. Thurman v. Clarke Indus., Inc., 45 Ark. App. 87, 872 S.W.2d 418 (1994). Appellant essentially contends that because the court of appeals held that her claim was compensable and remanded the matter to the Commission for an award of benefits in Kildow I, and because the supreme court, in Kildow II, only reversed Kildow I with regard to the statutory interpretation issue, the Commission’s duty on remand was to award benefits. We disagree.

Appellant overlooks the standard the supreme court utilizes when reviewing cases that were originally decided by the court of appeals. When the supreme court grants review following a decision by the court of appeals, the case is reviewed as though the appeal was originally filed with the supreme court. Olsten Kimberly Quality Care v. Pettey, 328 Ark. 381, 383, 944 S.W.2d 524, 525 (1997). Therefore, when the supreme court undertook a review in Kildow II it reviewed the Commission’s decision, not that of the court of appeals. After the supreme court issued its opinion in Kildow II, its opinion became, for all intents and purposes, the only appellate opinion in the matter. Thus, to the extent that appellant’s argument relies upon our opinion in Kildow I, such reliance is in error.

A plain reading of Kildow II leads to the conclusion that the supreme court intended that the Commission would review the merits of the claim to determine compensability. The supreme court made the following pronouncement:

Finally, the Act provides safeguards to protect employers from claims that are feigned. In addition to showing that the injury arose out of and in the course of employment, the claimant must also produce objective medical evidence that the injury is com-pensable (section 11-9~102(5)(D)); and for injuries falling within the definition of rapid repetitive motion, the claimant not only bears the burden of proof by a preponderance of the evidence, but also must show that the alleged injury is the major cause of the disability or need for treatment (section 11 — 9—102(5) (E) (ii)).
. . . [t]he order of the Commission is reversed and the case is remanded for further proceedings consistent with this opinion. (Emphasis added).

Kildow, 333 Ark. at 340, 969 S.W.2d at 192.

It is clear that the supreme court intended that the Commission conduct further proceedings to determine if the claim was compensable, and not merely award benefits as appellant suggests. The appellant’s first argument is without merit.

Appellant next argues that the Commission’s determination that her carpal tunnel syndrome is not compensable is not supported by substantial evidence. The facts indicate that appellant was employed by appellee from February 1, 1993, until March 7, 1994. Her duties consisted primarily of manning a station on an assembly line where she secured small electrical components to a one-eighth-inch-thick board with three to five small wires that were two to three inches long. In January 1994, appellant began complaining to her supervisor of pain in her wrists. The pain gradually worsened until she was seen by the company physician, Dr. David Ureckis, on March 10, 1994.

In his initial report, Dr. Ureckis noted a nerve conduction velocity test suggesting borderline carpal tunnel syndrome. Dr. Ureckis fitted appellant with wrist splints, ordered her to temporarily cease working, prescribed anti-inflammatory medication, and referred her to Dr. Tom Patrick Coker for surgical evaluation.

Dr. Coker’s initial report, dated March 31, 1994, indicated that appellant had an EMG which confirmed right carpal tunnel and that the left was insignificant. Appellant was seen by Dr. Coker on seven occasions and underwent a course of physical therapy over several months.

Appellant was involved in a motor-vehicle accident on August 20, 1994, which complicated her medical records with chiropractic and psychological treatment that was apparently unrelated to her workers’ compensation claim. Appellant was referred to UAMS and treated by Dr. Harris Gellman, a professor and Chief of the Hand Surgery Service. Dr. Gellman reviewed the previous treating physicians’ test results and noted appellant’s complaints before providing diagnoses of carpal tunnel syndrome and cubital tunnel syndrome. Appellant underwent a carpal tunnel release in July 1995, and cubital tunnel surgery in the summer of 1995.

In denying appellant’s claim for benefits related to carpal tunnel syndrome, the Commission found that the objective medical findings documenting carpal tunnel syndrome failed to support a finding that appellant was entitled to further benefits.

We review decisions of the Workers’ Compensation Commission and affirm if they are supported by substantial evidence. Wright v. ABC Air, Inc., 44 Ark. App. 5, 864 S.W.2d 871 (1993). Substantial evidence is that relevant evidence which a reasonable mind might accept as adequate to support a conclusion. Id. The issue is not whether this court might have reached a different result from that reached by the Commission or whether the evidence would have supported a contrary finding. Bradley v. Alumax, 50 Ark.

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Related

Bradley v. Alumax
899 S.W.2d 850 (Court of Appeals of Arkansas, 1995)
Carter v. Flintrol, Inc.
720 S.W.2d 337 (Court of Appeals of Arkansas, 1986)
Kildow v. Baldwin Piano & Organ
969 S.W.2d 190 (Supreme Court of Arkansas, 1998)
Kildow v. Baldwin Piano & Organ
948 S.W.2d 100 (Court of Appeals of Arkansas, 1997)
Thurman v. Clarke Industries, Inc.
872 S.W.2d 418 (Court of Appeals of Arkansas, 1994)
Wright v. ABC Air, Inc.
864 S.W.2d 871 (Court of Appeals of Arkansas, 1993)
Olsten Kimberly Quality Care v. Pettey
944 S.W.2d 524 (Supreme Court of Arkansas, 1997)

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Bluebook (online)
999 S.W.2d 199, 67 Ark. App. 289, 1999 Ark. App. LEXIS 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kildow-v-baldwin-piano-organ-arkctapp-1999.