Mullen v. Ark. Dep't of Human Servs.

2015 Ark. App. 558

• Court: Court of Appeals of Arkansas
• Decided: October 7, 2015
• Docket: CV-15-414
• Status: Published

Opinion

Cite as 2015 Ark. App. 558

ARKANSAS COURT OF APPEALS DIVISION II No. CV-15-414

Opinion Delivered October 7, 2015 LINDA MULLEN APPELLANT APPEAL FROM THE ARKANSAS WORKERS’ COMPENSATION V. COMMISSION [NO. G100201]

ARKANSAS DEPARTMENT OF HUMAN SERVICES and PUBLIC EMPLOYEES CLAIMS DIVISION, AFFIRMED ARKANSAS INSURANCE DEPARTMENT APPELLEES

PHILLIP T. WHITEAKER, Judge

Appellant Linda Mullen appeals an Arkansas Workers’ Compensation Commission

(Commission) decision concluding that she was not entitled to temporary total disability

(TTD) benefits. More specifically, she challenges the sufficiency of the evidence supporting

the Commission’s determination that she had failed to prove that she remained within her

healing period or that she was unable to work as a result of her injury.

The Commission’s decision adequately summarizes Mullen’s testimony, the previous

workers’ compensation history regarding the compensability of her claim, and the relevant

medical records. Further, the Commission exercised its duty to make determinations of

credibility, weigh the evidence, and resolve any conflicts in the testimony and evidence. Ark.

Methodist Med. Ctr. v. Blansett, 2013 Ark. App. 480. Because the only issue on appeal is the

sufficiency of the evidence and because the opinion of the Commission thoroughly explains Cite as 2015 Ark. App. 558

its decision, we affirm by memorandum opinion pursuant to sections (a) and (b) of In re

Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985).

Affirmed.

GLADWIN, C.J., and HOOFMAN, J., agree.

Medlock, Gramlich & Sexton, LLP, by: Michael Ellig, for appellant.

Robert H. Montgomery, Public Employee Claims Division, for appellee.