Mays v. Alumnitec, Inc.

64 S.W.3d 772, 76 Ark. App. 274, 2001 Ark. App. LEXIS 919
Court of Appeals of Arkansas·Decided December 19, 2001·No. CA 01-591·Published·Cited by 10 cases

Opinion

Karen Baker, Judge.

Appellant, Angel Mays, brings this appeal from a decision by the Workers’ Compensation Commission. The Administrative Law Judge (“ALJ”) denied appellant’s claim for compensation based on a lack of objective findings. The Commission affirmed the ALJ’s decision. On appeal, appellant argues that the Commission erred in determining that straight-leg-raising tests and range-of-motion tests were not objective findings for the purpose of determining compensability. We disagree.

Appellant was employed as a packer at Alumnitec on May 18, 2000, when she suffered an injury to her lower back. At the time, appellant and her co-worker were lifting long pieces of aluminum onto a table saw to be cut for use in making aluminum ladders. Due to a previous shoulder injury, appellant lifted the aluminum with one hand. As she was bending over holding on to the end of the aluminum, her co-worker twisted appellant’s body. Appellant immediately felt pain in her back, and she reported the injury to her supervisor. She was put on light duty. Within ten or fifteen minutes, appellant told her supervisor she needed to go to a doctor. Appellant was allowed to go, but received a “point” for leaving.

When appellant arrived home, she could not get out of the car, so she went directly to the hospital emergency room. The emergency room report stated that appellant complained of bilateral mid-back pain secondary to lifting at work, but that she denied any radiation down her legs, numbness, weakness, tingling, or previous back injury. The emergency room physician took appellant off work until May 22, 2000. Appellant was also seen by her family physician, Dr. Tilley. Various reports of Dr. Tilley indicated a complaint of muscle spasms, positive pain with straight-leg lift, and decreased range of motion secondary to pain.

When the Commission denies coverage because a worker has failed to meet his burden of proof, the substantial-evidence standard of review requires that we affirm the Commission if its opinion displays a substantial basis for the denial of relief. Jobe v. Wal-Mart Stores, Inc., 66 Ark. App. 114, 987 S.W.2d 764 (1999) (citing McMillan v. U.S. Motors, 59 Ark. App. 85, 953 S.W.2d 907 (1997)). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Vittitow v. Central Maloney, Inc., 69 Ark. App. 176, 11 S.W.3d 12 (2000). The appellate court views the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission’s findings. Id. The issue on appeal is not whether we might have reached a different result or whether the evidence would have supported a contrary finding; if reasonable minds could reach the Commission’s conclusion, we must affirm its decision. Oliver v. Guardsmark, Inc., 68 Ark. App. 24, 3 S.W.3d 336 (1999).

Appellant claims that the Commission erred in determining that straight-leg-raising tests and range-of-motion tests were not objective findings for the purpose of determining compensability. We disagree. This court addressed this very issue in Cox v. CFSI Temp. Employment, 57 Ark. App. 310, 944 S.W.2d 856 (1997). In Cox, appellant argued that a range-of-motion test should be considered an objective finding when determining compensability. Id. This court disagreed with appellant and held that pursuant to the applicable statutes a range-of-motion test was not an objective finding when determining compensability. Id. Arkansas Code Annotated section 11-9-102(4)(D) (Supp. 2001) states that “[a] compen-sable injury must be established by medical evidence, supported by ‘objective findings.’ ” Section 11-9-102(16) (Supp. 2001) provides in relevant part that:

(A)(i) “Objective findings” are those findings which cannot come under the voluntary control of the patient.
(ii) When determining physical or anatomical impairment, neither a physician, any other medical provider, an administrative law judge, the Workers’ Compensation Commission, nor the courts may consider complaints of pain; for the purpose of making physical or anatomical impairment ratings to the spine, straight-leg raising tests or range-of-motion tests shall not be considered objective findings.

However, Cox does not fully articulate why straight-leg-raising tests and range-of-motion tests cannot be a basis for objective findings. We take this opportunity to clarify our holding that neither test is objective for purposes of determining compensability. The American Medical Association Guides must give way to the statutory definition of objective findings as defined by the General Assembly. Although subjective criteria may be included in the AMA Guides when determining a permanent physical impairment rating, clearly the portions of the impairment rating guide that are based upon subjective criteria cannot supersede the statutory definition provided by the General Assembly. Thus, to the extent that there is a conflict, the General Assembly’s statutory definition takes precedence over any subjective criteria included in the AMA Guides. Furthermore, the legislature has plainly stated through Ark. Code Ann. § 11-9-704(c)(3) (Repl. 1996), that the ALJs, the Commission, and this court shall strictly and literally construe the provisions of the Workers’ Compensation Act. See Duke v. Regis Hairstylists, 55 Ark. App. 327, 935 S.W.2d 600 (1996).

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Mays v. Alumnitec, Inc., 64 S.W.3d 772, 76 Ark. App. 274, 2001 Ark. App. LEXIS 919 (Ark. Ct. App. 2001).

64 S.W.3d 772 (Mays v. Alumnitec, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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