Miner v. Yellow Transportation, Inc.

301 S.W.3d 12, 2009 Ark. App. 197, 2009 Ark. App. LEXIS 216
Court of Appeals of Arkansas·Decided March 18, 2009·No. CA 08-797·Published·Cited by 2 cases

Opinion

M. MICHAEL KINARD, Judge.

| Ronald Miner appeals from an Arkansas Workers’ Compensation Commission decision affirming and adopting the opinion of the administrative law judge (ALJ), which denied him benefits under Ark.Code Ann. § 11-9-505 (Repl.2002). Miner argues that substantial evidence does not support the Commission’s decision. Finding no error, we affirm.

Miner sustained a compensable injury to his right foot on April 13, 2005. At his hearing before the ALJ in February 2007, the parties stipulated as follows: Miner is entitled to a weekly compensation rate of $466 for temporary total disability and $350 for permanent partial disability; medical expenses have been paid; respondents-appellees have accepted and paid in full a seven-percent impairment rating to the right foot. The issues to be litigated were limited to Miner’s entitlement to benefits under Ark.Code Ann. § ll-9-505(a) and ^attorney’s fees. Miner contended that he was owed benefits because his employer, Yellow Transportation, Inc., unreasonably refused to return him to available employment in violation of section 11-9-505(a). The Commission disagreed and ruled in favor of appellees.

Arkansas Code Annotated section 11-9-505 provides, in pertinent part:

(a)(1) Any employer who without reasonable cause refuses to return an employee who is injured in the course of employment to work, where suitable employment is available within the employee’s physical and mental limitations, upon order of the Workers’ Compensation Commission, and in addition to other benefits, shall be liable to pay to the employee the difference between benefits received and the average weekly wages lost during the period of the refusal, for a period not exceeding one (1) year.

Before a claimant is entitled to benefits under section ll-9-505(a), several requirements must be met. The employee must prove by a preponderance of the evidence (1) that he sustained a compensable injury; (2) that suitable employment which is within his physical and mental limitations is available with the employer; (3) that the employer has refused to return him to work; and (4) that the employer’s refusal to return him to work is without reasonable cause. Torrey v. City of Fort Smith, 55 Ark.App. 226, 230, 934 S.W.2d 237, 239 (1996). Here, appellant’s injury was accepted as compensable and it was not disputed that the employer refused to return appellant to work, so the remaining issues were whether suitable work was available with the employer and, if so, whether the employer’s refusal to i-eturn appellant to work was unreasonable.

We review this case in light of our well-settled standard of review in workers’ compensation cases. On appeal, this court will view the evidence in the light most ^favorable to the Commission’s decision and affirm when that decision is supported by substantial evidence. Crudup v. Regal Ware, Inc., 341 Ark. 804, 20 S.W.3d 900 (2000). Where the Commission denies benefits because the claimant has failed to meet his burden of proof, the substantial-evidence standard of review requires us to affirm if the Commission’s decision displays a substantial basis for the denial of relief. Id. A substantial basis exists if fair-minded persons could reach the same conclusion when considering the same facts. Id. Therefore, we consider whether a substantial basis exists for the denial of benefits to Mr. Miner under the facts of this case.

At the time of his compensable injury, appellant had been a full-time employee of Yellow Transportation, Inc., since October 2000. He was a member of the Teamster’s Union, and his position as a combination driver, or a combined city driver and dock worker, at the company’s terminal in Van Burén was covered by a collective bargaining agreement. This job involved, among other things, driving a truck, operating a fork lift, and performing dock work. Because of his restrictions following his injury, appellant could no longer perform the job duties of a combination driver. Upon learning that appellant did not receive a full release from his doctor, appellant’s supervisor informed him that there was nothing available for him. However, appellant believed that he could perform the duties of an over-the-road driver (road driver) within his restrictions. There were no road driver positions at the Van Burén terminal. Appellant testified that he wrote a letter to his supervisor requesting a road driver position “pretty much anywhere,” but preferably U Oklahoma City or Memphis. He never received a response from his supervisor or anyone else at the company. Appellant found several road driver openings at the company during an online search, but testified that he did not apply for any of them. He cited confusion and his assumption that his employer would consider his application for a road driver position as a resignation from his position as a combination driver; he stated that this would cause problems because he would lose his seniority and associated benefits.

Road driver positions are covered by a separate collective bargaining agreement, which provides that “[u]nder no circumstances will out of classification employees be utilized in the Over-the-Road operation.” There was testimony that there is no such thing as “reclassification” of an employee from a combination or city driver to a road driver, and that the only scenario under which an employee could transfer to a road driver position at another facility was if there was a change of operations. A change of operations is not applicable to appellant’s situation. Three Yellow Transportation employees — the service center manager for the Van Burén facility where appellant worked, the employee-relations manager, and the director of labor relations for the southern region-testified that in order for appellant to work as a road driver at another facility he would have to resign, wait for six months (per company policy), and then apply for the available position. Doing so would cause appellant to lose his seniority and benefits.

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Miner v. Yellow Transportation, Inc., 301 S.W.3d 12, 2009 Ark. App. 197, 2009 Ark. App. LEXIS 216 (Ark. Ct. App. 2009).

301 S.W.3d 12 (Miner v. Yellow Transportation, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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