Kuhn v. Majestic Hotel

918 S.W.2d 158, 324 Ark. 21, 1996 Ark. LEXIS 200
CourtSupreme Court of Arkansas
DecidedMarch 25, 1996
Docket95-700
StatusPublished
Cited by26 cases

This text of 918 S.W.2d 158 (Kuhn v. Majestic Hotel) 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
Kuhn v. Majestic Hotel, 918 S.W.2d 158, 324 Ark. 21, 1996 Ark. LEXIS 200 (Ark. 1996).

Opinion

Donald L. Corbin, Justice.

Petitioner, Ronald Kuhn, appealed a decision of the Arkansas Workers’ Compensation Commission to the Arkansas Court of Appeals, which affirmed the Commission’s decision by a tie vote. Kuhn v. Majestic Hotel, 50 Ark. App. 23, 899 S.W.2d 845 (1995). We granted this petition for review of the decision of the court of appeals pursuant to Ark. Sup. Ct. R. 1 — 2(f). We reverse and remand.

Petitioner contends that he sustained a compensable low-back injury when he slipped and fell on the job at the Majestic Hotel in Hot Springs on March 20, 1992, which resulted in back surgery on May 21, 1992. The Commission reversed the decision of the Administrative Law Judge and dismissed petitioner’s claim. The Commission found that petitioner failed to prove by the preponderance of the credible evidence that he was injured in the course and scope of his employment, and that there was any causal connection between the surgery and the alleged slip and fall.

In reviewing this case, we apply the following standard:

We review a decision of the Arkansas Court of Appeals under Ark. Sup. Ct. R. l-2(f), as though the case had been originally filed in this court. On appeal of a workers’ compensation case from the court of appeals to this court, we view the evidence in the light most favorable to the commission’s decision and affirm that decision if it is supported by substantial evidence. Substantial evidence exists if reasonable minds could have reached the same conclusion. Thus, before we reverse the commission’s decision, we must be convinced that fair-minded persons considering the same facts could not have reached the conclusion made by the commission.

Plante v. Tyson Foods, Inc., 319 Ark. 126, 127-28, 890 S.W.2d 253, 253-54 (1994) (citations omitted).

Three witnesses testified at the hearing on petitioner’s claim: petitioner; Russell Kinsey, his supervisor; and Penny Kuhn, his spouse. Documentary medical evidence in the form of hospital reports and physicians’ medical notes and correspondence was introduced, as well as the depositions of petitioner’s physicians, internist Gopakumar Maruther and neurosurgeon James M. Arthur.

Petitioner testified that, on March 20, 1992, he had been employed by respondent as a cook for two or three months. Petitioner stated that his right leg was stiff as a result of a total knee fusion that predated his employment with respondent, but that he was having no problems with the knee and was working an average of ten to fourteen hours per day, six days per week before the fall. Petitioner stated that a female co-worker asked him to retrieve a ham from the hotel’s walk-in cooler, that he walked to the cooler and had his hand on its door trying to open it when he slipped in water on the floor and hit a corner of the concrete wall six feet from the cooler with the lower-right part of his back. Petitioner stated that he fell to the floor screaming because his right leg was going numb and his back was hurting.

Mr. Kinsey testified that, as of March 20, 1992, he was the executive chef, that petitioner had been working under his supervision for a couple of months and was a good worker whose only physical complaint had been that his leg tired on the longer days. Mr. Kinsey stated that he arrived at the scene two or three minutes after petitioner’s fall, and that three other persons were there when he arrived. Mr. Kinsey stated that petitioner seemed to be in pain and that he did not move petitioner. Mr. Kinsey testified that petitioner lay on the floor about eighteen inches from the wall with his head toward the wall and his feet toward the door. Mr. Kinsey testified that if petitioner had fallen straight down, he could see that petitioner’s back could have hit the wall because “it is a tight little area back there.” Mr. Kinsey testified that petitioner told him that he had slipped in water, that Mr. Kinsey looked around and said: “Where is the water?” because he did not see any, and that petitioner replied: “Well, I guess my uniform mopped it up.” Mr. Kinsey testified that it did not look like petitioner’s uniform had water on it. Mr. Kinsey opined that, although it was not unusual for condensate to form on the tile floor outside the cooler, no water was there when petitioner fell. Mr. Kinsey stated that he was present when emergency-medical technicians picked up petitioner from the floor.

The record shows that petitioner was transported by ambulance to the emergency room of St. Joseph’s Regional Health Center where he was diagnosed with acute lumbar strain and released with directions for bed rest, heat, medication, and follow up with Dr. Maruther. Mrs. Kuhn testified that, when petitioner was brought home from the hospital on March 20, 1992, he was wearing his uniform, and the back was wet and had dirt all over it. Petitioner was subsequently examined by several physicians and, on May 21, 1992, underwent back surgery, which, he testified, eliminated the numbness in his right leg and alleviated his back pain.

The Commission’s stated reasons for its finding that petitioner failed to prove by the preponderance of the credible evidence that he was injured in the course and scope of his employment were that no one corroborated the existence of the water on the floor, petitioner did not persuade that he was thrown backward approximately six feet before hitting a wall and falling to the ground, and petitioner’s credibility was questionable. We defer to the Commission as regards the issue of petitioner’s credibility as a matter exclusively within the Commission’s province. Wade v. Mr. C. Cavenaugh’s, 298 Ark. 363, 768 S.W.2d 521 (1989); Roberts-McNutt, Inc. v. Williams, 288 Ark. 587, 708 S.W.2d 87 (1986). Focusing exclusively on the other evidence, we do not find substantial evidence that petitioner failed to prove that he was injured in the course and scope of his employment.

The term “course of employment,” as applied to compensation for injuries, refers to the time, place, and circumstances under which the injury occurs. Deffenbaugh Indus. v. Angus, 39 Ark. App. 24, 832 S.W.2d 869 (1992). Mr. Kinsey testified that he found petitioner in pain on the floor at petitioner’s workplace during petitioner’s work shift. The record reveals that petitioner is a large man, who measures six feet, four inches tall and, in March 1992, weighed approximately 280 pounds. Mr. Kinsey opined that, if petitioner had fallen straight down, his back could have hit the concrete wall six feet away. Regardless of whether water was on the floor, it is well established that even an unexplained fall or a so-called “idiopathic fall,” which originates with a risk that is personal to the employee, may result in compensable injuries. Moore v. Darling Store Fixtures, 22 Ark. App. 21, 732 S.W.2d 496 (1987).

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Bluebook (online)
918 S.W.2d 158, 324 Ark. 21, 1996 Ark. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuhn-v-majestic-hotel-ark-1996.