Parker v. Atlantic Research Corp.

189 S.W.3d 449, 87 Ark. App. 145
CourtCourt of Appeals of Arkansas
DecidedJune 30, 2004
DocketCA 03-1362
StatusPublished
Cited by32 cases

This text of 189 S.W.3d 449 (Parker v. Atlantic Research Corp.) 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
Parker v. Atlantic Research Corp., 189 S.W.3d 449, 87 Ark. App. 145 (Ark. Ct. App. 2004).

Opinion

Robert J. Gladwin, Judge.

This is an appeal from the ..Arkansas Workers’ Compensation Commission. Appellant sought medical benefits for a gradual onset neck injury, contending that a work-related rapid repetitive motion injury caused an aggravation of her preexisting asymptomatic degenerative cervical disc disease. Appellees controverted the payment of all benefits relative to appellant’s neck injury. The administrative law judge (ALJ) found in favor of appellant and awarded benefits. The Commission reversed the decision of the ALJ, finding that, as a matter of law, an injured worker with a work-related aggravation of preexisting disc abnormalities cannot meet the major cause requirement of Ark. Code Ann. § 11 -9-102 (4) (E) (ii) (Repl. 2002) by establishing that the disc abnormalities were asymptomatic for at least a significant period before a work-related injury but became symptomatic when work conditions gradually aggravated the previously asymptomatic disc abnormalities. We disagree with this statement in general and with its application to the situation herein, that appellant failed to establish that the rapid repetitive motion aggravated her preexisting condition and was the major cause of her disability and her need for treatment. Accordingly, we reverse and remand for proceedings not inconsistent with this opinion.

In June of 1998, appellant began working for appellee Atlantic Research Corporation, which manufactures defense products and parts for automobile air bags. In May of 1999, appellant was transferred to a production line in the “pack out” division, where her duties involved packing parts for air bags. The Commission noted that while it was difficult to determine the exact sequence of events involved in appellant’s work routine, it appeared from the testimony that appellant would pick up small parts coming down a conveyor belt, inspect the parts, and then put each part in a box. Each box contained ninety-six parts, and it took appellant approximately fifteen minutes to fill each box. Appellant’s supervisor testified that the motions involved quick and fast movements of the head and neck, requiring appellant to look to one side to find an appropriate part as it came down the belt, inspect the part, and then look in the other direction to place the part into the appropriate slot in the box.

Appellant testified that in May of 1999, after she transferred to the “pack out” division, she began to experience pain in her arms, right shoulder, hands, and neck. She reported these problems to her supervisor and stated that she needed medical treatment. With the knowledge of her supervisor, appellant began seeing her family doctor for medical treatment for these problems.

Appellant saw her family doctor, Dr. John Sarnicki, on June 8, 1999. After appellees were notified, they referred appellant to their medical provider, Dr. Judson Hout. Dr. Hout referred her to Dr. Gordon Gibson, a neurologist. Eventually Dr. Gibson referred appellant to Dr. Scott Schlesinger, a neurosurgeon, who recommended conservative management of her complaints.

Following her evaluation by Dr. Schlesinger, appellant sought a second opinion. On October 11, 1999, she was evaluated by Dr. Wilbur Giles, a neurosurgeon. Dr. Giles diagnosed appellant with “C6-7 cervical radicular syndrome.” Following a myelogram-CT, Dr. Giles diagnosed “cervical stenosis and cervical spondylosis at C6-7.” He noted that based on the CT, appellant had “significant findings compatible with her neck, shoulder, and arm pain and possibly could benefit from an anterior cervical diskectomy and arthrodesis at the C6-7 level using donor bone.” On December 3, 1999, appellant underwent this surgical procedure.

When appellant sought medical benefits related to the treatment of her neck condition, appellees denied the compensability of her neck complaint and liability for any related workers’ compensation benefits. The Commission reversed the ALJ award for benefits, and held that appellant failed to prove that the aggravation was the major cause of her disability, reasoning that because the disc abnormalities observed on the MR.I, myelogram, and post-myelogram CT all preexisted the work-related aggravation, appellant could not, as a matter of law, establish the aggravation as the major cause of her disability- Appellant argues on appeal that there was no substantial basis for the Commission’s decision to deny benefits.

The standard of review in workers’ compensation cases is well settled. When reviewing a decision of the Arkansas Workers’ Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the findings of the Commission and affirm that decision if it is supported by substantial evidence. Cooper Tire & Rubber Co. v. Angell, 75 Ark. App. 325, 58 S.W.3d 396 (2001). Substantial evidence is that relevant evidence that a reasonable mind might accept as adequate to support a conclusion. Wheeler Constr. Co. v. Armstrong, 73 Ark. App. 146, 41 S.W.3d 822 (2001). The issue is not whether this court might have reached a different result from the Commission; the Commission’s decision should not be reversed unless it is clear that fair-minded persons could not have reached the same conclusions if presented with the same facts. Horticare Landscape Management v. McDonald, 80 Ark. App. 45, 89 S.W.3d 375 (2002); Wheeler Constr., supra. When a claim is denied because a claimant failed to show entitlement to compensation by a preponderance of the evidence, the substantial-evidence standard of review requires that we affirm if a substantial basis for the denial of relief is displayed by the Commission’s opinion. Marshall v. Madison County, 81 Ark. App. 57, 98 S.W.3d 452 (2003).

In workers’ compensation law, an employer takes the employee as he finds him, and employment circumstances that aggravate preexisting conditions are compensable. Heritage Baptist Temple v. Robison, 82 Ark. App. 460, 120 S.W.3d 150 (2003). An aggravation of a preexisting noncompensable condition by a compensable injury is, itself, compensable. Oliver v. Guardsmark, 68 Ark. App. 24, 3 S.W.3d 336 (1999). An aggravation is a new injury resulting from an independent incident. Crudup v. Regal Ware, Inc., 341 Ark. 804, 20 S.W.3d 900 (2000). An aggravation, being a new injury with an independent cause, must meet the definition of a compensable injury in order to establish compensability for the aggravation. Farmland Ins. Co. v. DuBois, 54 Ark. App. 141, 923 S.W.2d 883 (1996).

If the aggravation/new injury is an accidental injury, it must meet the following criteria to establish compensability: it must be (1) an independent incident; (2) work-related; (3) caused by a specific incident identifiable by a time and place of occurrence. See Ark. Code Ann. § 11-9-102(4)(A)(i) (Repl.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Crystal Gainey v. Genoa School District
2025 Ark. App. 330 (Court of Appeals of Arkansas, 2025)
Kenneth Williams v. Malvern School District and Arkansas School Boards Association
2025 Ark. App. 208 (Court of Appeals of Arkansas, 2025)
Kenneth Johnson v. Land O' Frost, Inc.
2025 Ark. App. 41 (Court of Appeals of Arkansas, 2025)
Serena Dodson v. Valley Behavioral Health Systems
2022 Ark. App. 128 (Court of Appeals of Arkansas, 2022)
North Hills Surgery Center and Risk Management Resources v. Chelsea Otis
2021 Ark. App. 468 (Court of Appeals of Arkansas, 2021)
Leroy Calhoun v. Area Agency on Aging of Southeast Arkansas
2020 Ark. App. 366 (Court of Appeals of Arkansas, 2020)
Ark. State Military Dep't v. Jackson
2019 Ark. App. 92 (Court of Appeals of Arkansas, 2019)
Ark. Highway & Transp. Dep't v. Work
2018 Ark. App. 600 (Court of Appeals of Arkansas, 2018)
Kiswire Pine Bluff, Inc. v. Segars
549 S.W.3d 410 (Court of Appeals of Arkansas, 2018)
Burke v. Ark. Dep't of Corr.
547 S.W.3d 745 (Court of Appeals of Arkansas, 2018)
Johnson v. NPC Int'l, Inc.
538 S.W.3d 859 (Court of Appeals of Arkansas, 2018)
Stoker v. Thomas Randal Fowler, Inc.
2017 Ark. App. 594 (Court of Appeals of Arkansas, 2017)
Sebastian County Sheriff's Department v. Hardy
2017 Ark. App. 597 (Court of Appeals of Arkansas, 2017)
Johnson v. Pam Transport, Inc.
2017 Ark. App. 514 (Court of Appeals of Arkansas, 2017)
Palmer v. Midwest Fertilizer, Inc.
2017 Ark. App. 236 (Court of Appeals of Arkansas, 2017)
Cooper v. University of Arkansas for Medical Sciences
2017 Ark. App. 58 (Court of Appeals of Arkansas, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
189 S.W.3d 449, 87 Ark. App. 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-atlantic-research-corp-arkctapp-2004.