Minnesota Mining & Manufacturing v. Baker

975 S.W.2d 863, 63 Ark. App. 160, 1998 Ark. App. LEXIS 638
CourtCourt of Appeals of Arkansas
DecidedOctober 7, 1998
DocketCA 97-1403
StatusPublished
Cited by2 cases

This text of 975 S.W.2d 863 (Minnesota Mining & Manufacturing v. Baker) 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
Minnesota Mining & Manufacturing v. Baker, 975 S.W.2d 863, 63 Ark. App. 160, 1998 Ark. App. LEXIS 638 (Ark. Ct. App. 1998).

Opinions

Olly Neal, Judge.

Minnesota Mining & Manufacturing (3M) and Old Republic Insurance Company appeal the Workers’ Compensation Commission’s decision that Theodore Baker is entitled to disability benefits for an occupational noise-induced hearing loss. For reversal, appellants contend that the Commission’s finding that appellee sustained a compensable hearing loss is not supported by substantial evidence and that appellee’s claim is barred by the statute of limitations. We affirm.

Baker’s employment with appellant, 3M, began on August 18, 1977, and continues. On February 23, 1978, a baseline hearing test was administered to appellee, the results of which demonstrated significant bilateral hearing deficiencies. Appellee underwent subsequent tests that demonstrated no clinically significant decrease in hearing from the February 1978 baseline test through the time he filed his claim in February 1992.

Appellants contend that the Commission’s finding that Baker sustained a compensable hearing loss is not supported by substantial evidence. We review decisions of the Workers’ Compensation Commission and affirm if they are supported by substantial evidence. Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Min-Ark. Pallet Co. v. Lindsey, 58 Ark. App. 309, 950 S.W.2d 468 (1997). The issue 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. Id.

At the administrative hearing on his claim, Baker testified that his employment with 3M began on August 18, 1977, and that he initially was assigned to work in the bagging department where 3M’s principal product, roofing granules, are prepared for shipping. According to Baker, he began experiencing moderate to severe hearing loss within three to four months of his employment, and the hearing tests he took within the following two-month period showed significant hearing loss. Subsequent tests, including an audiogram administered in December 1992, showed no significant change in his hearing from the results of the February 23, 1978, hearing test. Baker testified that he was transferred to another department shortly after his initial hearing examination. Documentary medical evidence corroborated Baker’s testimony regarding his hearing loss.

Dr. Daniel J. Orchik opined in a report dated June 2, 1993, that, based on the appellee’s medical records, work history, and other relevant history, Baker suffers from noise-induced hearing loss related to his employment with 3M. He noted that during the six-month period between the time he was hired and the time of his first audiological exam, the appellee was exposed to workplace noise as high as ninety-nine decibels without the benefit of any hearing protection. Appellee worked an average of forty-seven hours weekly, including some twelve-hour shifts. Dr. Orchik agreed that appellant’s audiogram results did not change significantly between his baseline or initial test in February 1978 and the test he underwent in December 1992. He concluded that Baker suffered 46.25 percent impairment in the left ear, 38.8 percent in the right, and binaural impairment of 39.82 percent.

Appellant 3M contends that because appellee did not experience a significant decrease in his hearing after the February 1978 baseline audiogram, the Commission could not find that his hearing loss is related to his employment. It is well established that it is within the Commission’s province to weigh all the medical evidence and to determine what is most credible. McClain v. Texaco, Inc., 29 Ark. App. 218, 780 S.W.2d 34 (1989). Dr. Orchik’s opinion, Baker’s testimony that he did not have a hearing impairment prior to becoming employed by 3M, and the fact that he was transferred from the bagging station, 3M’s noisiest job site, shortly after his first hearing test, constitute substantial evidence to support the Commission’s finding that appellee proved his hearing loss was caused by his employment.

Appellants next contend that Baker’s claim was barred by the statute of limitations. It is undisputed that appellee’s hearing deficiencies were established and known following hearing tests administered on February 23, 1978. The parties also agree that appellee has not suffered any loss of earnings because of the injury.

The case at bar presents an issue of first impression for this court because whether the statute of limitations applies to scheduled injuries has yet to be decided. The beginning point in interpreting a statute is to construe the words just as they read and to give them their ordinary meaning. Arkansas Dept. of Health v. Westark Christian Action, 322 Ark. 440, 910 S.W.2d 199 (1995). The basic rule of statutory construction is to give effect to the intent of the legislature, making use of common sense. Office of Child Support Enforcement v. Harnage, 322 Ark. 461, 910 S.W.2d 207 (1995). Statutes relating to the same subject should be read in a harmonious manner, if possible. Mecco Seed v. London, 47 Ark. App. 121, 886 S.W.2d 882 (1994).

Because appellant filed his claim in February 1992, the commencing of the statute of limitations is controlled by Arkansas Code Annotated § ll-9-702(a)(l) (1987), which provides:

Time for Filing. (1) A claim for compensation for disability on account of injury, other than an occupational disease and occupational infection, shall be barred unless filed with the Commission within two (2) years from the date of injury.

The time of injury means when an injury becomes compensable, not the date of the accident. Donaldson v. Calvert-McBride Ptg. Co., 217 Ark. 625, 232 S.W.2d 651 (1950). For purposes of commencing the statute of limitation under Ark. Code Ann. § ll-9-702(a)(l), an “injury” is not to be construed as “compensable” until (1) the injury develops or becomes apparent and (2) the claimant suffers a loss in earnings on account of the injury. Thus, the statute of limitations does not begin to run until both elements of the rule are met. Hall’s Cleaners v. Wortham, 311 Ark. 103, 842 S.W.2d 7 (1992). Following the supreme court’s 1950 decision in Donaldson v. Calvert-McBride Ptg. Co., supra, we held that a claimant’s injury did not become a compensable one until he suffered a loss of earnings. Disability, which is compensa-ble under our statute, is based upon incapacity to earn because of injury. Arkansas Louisiana Gas Co. v. Grooms, 10 Ark. App. 92, 661 S.W.2d 433 (1983).

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Related

ALCOA v. Carlisle
992 S.W.2d 172 (Court of Appeals of Arkansas, 1999)
Minnesota Mining & Manufacturing v. Baker
989 S.W.2d 151 (Supreme Court of Arkansas, 1999)

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Bluebook (online)
975 S.W.2d 863, 63 Ark. App. 160, 1998 Ark. App. LEXIS 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minnesota-mining-manufacturing-v-baker-arkctapp-1998.