O. K. Processing, Inc. v. Servold

578 S.W.2d 224, 265 Ark. 352, 1979 Ark. LEXIS 1355
CourtSupreme Court of Arkansas
DecidedMarch 26, 1979
Docket78-315
StatusPublished
Cited by16 cases

This text of 578 S.W.2d 224 (O. K. Processing, Inc. v. Servold) 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
O. K. Processing, Inc. v. Servold, 578 S.W.2d 224, 265 Ark. 352, 1979 Ark. LEXIS 1355 (Ark. 1979).

Opinion

John A. Fogleman, Justice.

This appeal is the culmination of a complex series of proceedings which resulted from the appellee’s claim to the Arkansas Workmen’s Compensation Commission for benefits for two compensable injuries suffered on February 6, 1970 and July 3, 1970, while in the employ of the appellant, O. K. Processing. Among the previous proceedings were the opinions of three administrative law judges; three opinions of the full commission, affirming the opinions of the administrative law judges; two orders of the Circuit Court of Sebastian County, remanding the case to the Workmen’s Compensation Commission and, finally, a judgment of the Circuit Court of Crawford County, affirming the final opinion of the full commission.

In the commission’s last opinion, filed on March 7,1978, the claimant was awarded weekly benefits of $49.00 from September 19, 1971, until such time as she is shown to no longer be totally disabled. In addition, the appellants were ordered to pay the appellee’s attorney’s fees in accordance with applicable state law and all medical expenses incurred by the appellee, excluding treatment by any Colorado physician, with the exception of Dr. Glen Koch. The appellants appeal from the finding of the Crawford County Circuit Court that there was sufficient competent evidence to support the award of the commission.

The appellee claimed that as a result of the accidents she suffered blurred vision and pain in her leg and in her lower back. She was examined by several Arkansas physicians, among them, neurosurgeons, opthamalogists, orthopedists and diagnosticians, but none of them were able to determine what precisely was causing the appellee’s pain. As a portion of its second opinion, the full commission conditioned the receipt of any further benefits upon the appellee submitting to a psychological examination and evaluation, as had been suggested by Dr. William B. Stanton, an orthopedic surgeon, who was prepared to operate on the appellee in an attempt to alleviate the pain in her leg. Eventually, Dr. Koch examined the claimant in Denver, Colorado, where she and her family had moved, and his deposition was introduced into evidence at a hearing held on March 5, 1976, presided over by the third administrative law judge. It was Dr. Koch’s opinion that the appellee suffered from “chronic brain syndrome,’’ an organic impairment of the brain function resulting from injury or trauma to the brain. From his questioning of the appellee concerning her previous medical history and possible prior injuries, Dr. Koch concluded that this injury was occasioned by the appellee striking her head when she was thrown to the ground by the force of an explosion which occurred at her place of employment on July 3, 1970. It was Dr. Koch’s opinion that this injury made Mrs. Servold unemployable, and therefore totally disabled, because she was able to follow instructions for only a very limited period of time and would require continual reinstruction to perform even simple tasks.

The appellants raise two points for reversal. The first of these relates to a statement in the final opinion of the Workmen’s Compensation Commission to the effect that, when all doubts are resolved in favor of the claimant, it must be concluded that the administrative law judge’s finding that the claimant is totally disabled is correct. The appellants contend that in resolving all doubts in the claimant’s favor the commission failed to weigh the evidence according to the accepted standard requiring the claimant to prove the compensability of his or her claim by a preponderance of the evidence. It is true, as appellants contend, that there is no presumption that a claim for workers’ compensation comes within the purview of the law, i.e., that it arose out of, and in the course of, the claimant’s employment. Ark. Stat. Ann. § 81-1302 (d) (Repl. 1976); Robbins v. Jackson, 232 Ark. 658, 339 S.W. 2d 417; Duke v. Pekin Wood Products Co., 223 Ark. 182, 264 S.W. 2d 834; Farmer v. L. H. Knight Co., 220 Ark. 333, 248 S.W. 2d 111; Pearson v. Faulkner Radio Service Co., 220 Ark. 368, 247 S.W. 2d 964; American Casualty Co. v. Jones, 224 Ark. 731, 276 S.W. 2d 41; American Red Cross v. Wilson, 257 Ark. 647, 519 S.W. 2d 60; Wilson v. United Auto Workers International Union, 246 Ark. 1158, 441 S.W. 2d 475. But, in a long line of cases, this court has held that, in light of the beneficent and humane purposes of the Workers’ Compensation Law [Ark. Stat. Ann. §§ 81-1301 through 81-1349 (Repl. 1976)], all doubtful cases should be resolved in favor of the claimant. Potlatch Forests v. Funk, 239 Ark. 330, 389 S.W. 2d 237; Reynolds Metals Co. v. Robbins, 231 Ark. 158, 328 S.W. 2d 489; Peerless Coal Co. v. Jones, 219 Ark. 181, 240 S.W. 2d 647; Cummings v. United Motor Exchange, 236 Ark. 735, 368 S.W. 2d 82; Eddington v. City Electric Co., 237 Ark. 804, 376 S.W. 2d 550; McGehee Hatchery v. Gunter, 237 Ark. 448, 373 S.W. 2d 401. This does not mean that a claimant does not have to meet the burden imposed upon him by a preponderance of the evidence. See, Potlatch Forests, Inc. v. Smith, 237 Ark. 468, 374 S.W. 2d 166; Hughes v. Hooker Bros., 237 Ark. 544, 374 S.W. 2d 355; McFall v. Farmers Tractor & Truck Co., 227 Ark. 985, 302 S.W. 2d 801. It does mean that, in determining where the preponderance of the evidence lies, the Workmen’s Compensation Commission must draw all legitimate inferences and resolve doubts in favor of the claimant, viewing and construing the evidence in favor of the claimant and the purpose of the statutes to compensate those, who, by reasonable construction, are within the terms of the Workers’ Compensation Law. American Red Cross v. Wilson, supra; Brower Manufacturing Co. v. Willis, 252 Ark. 755, 480 S.W. 2d 950; Herman Wilson Lumber Co. v. Hughes, 245 Ark. 168, 431 S.W. 2d 487; Burrow Construction Co. v. Langley, 238 Ark. 992, 386 S.W. 2d 484; Holland v. Malvern Sand & Gravel Co., 237 Ark. 635, 374 S.W. 2d 822. The commission obviously did not err in resolving all doubts favorably to appellee.

When the commission has determined the question of preponderance, after resolving all doubts favorably to the claimant, it is not for this court to say that the commission decided that question wrongly, if there is any substantial evidence to support the commission’s finding, since the courts are not privileged to consider the matter de novo, or to weigh the evidence. Comer v. Pierce, 227 Ark. 926, 302 S.W. 2d 547; Burks, Inc. v. Blanchard, 259 Ark. 76, 531 S.W. 2d 465; Wilson v. United Auto Workers International Union, supra; Herman Wilson Lumber Co. v. Hughes, supra; Plastics Research & Development Co. v. Goodpaster, 251 Ark. 1029, 476 S.W. 2d 242; Oak Lawn Farms v. Payne, 251 Ark. 674, 474 S.W. 2d 408; Lane Poultry Farms v. Wagoner, 248 Ark. 661, 453 S.W. 2d 43. In our consideration of the evidence, however, we must give, it its strongest probative force in favor of the actions of the commission, because they carry the same weight as a jury verdict.1 Holland v. Malvern Sand & Gravel Co., supra; Asphalt Materials Co. v. Coleman, 243 Ark. 646, 420 S.W. 2d 921; Herman Wilson Lumber Co. v. Hughes, supra.

Our disposition of the appellants’ first point for reversal leaves us only with the question of whether there was substantial evidence to support the commission’s order, which is the substance of the appellants’ final point for reversal. The appellants contend that the commission’s finding that the appellee has been, and continues to be, totally disabled from September 19, 1971 is not supported by any substantial evidence. Appellants’ argument, however, departs from its statement of this point.

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OK Processing, Inc. v. Servold
578 S.W.2d 224 (Supreme Court of Arkansas, 1979)

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Bluebook (online)
578 S.W.2d 224, 265 Ark. 352, 1979 Ark. LEXIS 1355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/o-k-processing-inc-v-servold-ark-1979.