Torrey v. City of Fort Smith

934 S.W.2d 237, 55 Ark. App. 226, 1996 Ark. App. LEXIS 772
CourtCourt of Appeals of Arkansas
DecidedDecember 11, 1996
DocketCA 96-185
StatusPublished
Cited by22 cases

This text of 934 S.W.2d 237 (Torrey v. City of Fort Smith) 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
Torrey v. City of Fort Smith, 934 S.W.2d 237, 55 Ark. App. 226, 1996 Ark. App. LEXIS 772 (Ark. Ct. App. 1996).

Opinion

Olly Neal, Judge.

Edward Torrey appeals from an order of the Arkansas Workers’ Compensation Commission denying his entitlement to additional workers’ compensation benefits pursuant to Ark Code Ann § 11-9-505 (a)(l)(1996) and his request for a change of physician. For reversal of the Commission’s order, appellant contends that he is entitled to additional benefits because appellee refused to return him to work without reasonable cause and that he is entitled to a change of physician.

Appellant was employed by appellee, City of Fort Smith, in its sanitation department, when he sustained an admittedly compensa-ble injury to his back on October 10, 1993. Appellant was treated at the emergency room by Dr. Mumme. Appellant was diagnosed with a right lateral disc herniation at L4-5 and eventually referred to Dr. Michael Sandefer who prescribed a conservative course of treatment. Appellant was released from Dr. Sandefer’s care on March 1, 1994, with a 5% permanent impairment rating to the body as a whole, which was accepted by appellee, and restrictions that included avoiding repetitive bending and lifting over 25 to 30 pounds.

Appellant attempted to return to work for appellee but was advised that there were no positions available that would meet his job restrictions. Appellant applied for dispatcher’s positions with the City’s sanitation and police departments. Appellant was not hired to fill either position. Appellant then sought additional benefits pursuant to Ark. Code Ann. § ll-9-505(a)(l) (1996).

The Administrative Law Judge found that appellant was enti-ded to additional benefits because the City refused to return him to work without a reasonable cause for doing so and approved appellant’s request for a change of physician. The City appealed to the Workers’ Compensation Commission which, upon conducting a de novo review of the matter, reversed the decision of the Administrative Law Judge. Appellant now seeks our reversal of the Commission’s order.

When reviewing decisions from the 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 uphold those findings if they are supported by substantial evidence. Arkansas Highway & Transp. Dept. v. McWilliams, 41 Ark. App. 1, 846 S.W.2d 670 (1993). Substantial evidence is that which a reasonable person might accept as adequate to support a conclusion. City of Fort Smith v. Brooks, 40 Ark. App. 120, 842 S.W.2d 463 (1992).

In denying appellant’s entitlement to additional benefits pursuant to Ark. Code Ann. § 11-9-505, the Commission noted that the Commission had been admonished to not broaden, liberalize, or narrow the workers’ compensation statutes. Ark. Code Ann. §11-9-1001 (Repl. 1996).

The case at bar presents an issue of first impression for this court, because what constitutes “reasonable cause” as used in Ark. Code Ann. § ll-9-505(a)(l) has yet to be construed. 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 Council, 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).

We begin our analysis of this matter by examining the stated purpose of Act 793 of 1993 which is “to pay timely temporary and permanent disability benefits to all legitimately injured workers, ...to pay reasonable and necessary medical expenses resulting thereafter and the return of the worker to the work place. See Ark. Code Arm. § 11-9-101 (Repl. 1996).

Pursuant to Ark. Code Ann. § ll-9-505(a)(l)(2):

any employer who without reasonable cause refuses to return an employee to work, where suitable employment is available within the employee’s physical and mental limitations, upon orders of the 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 such refusal, for a period not exceeding one (1) year. In determining the availability of employment, the continuance in business of the employer shall be considered....

Ark. Code Ann. § 11-9-505(4) (d) provides: “The purpose and intent of this section is to place an emphasis on returning the injured worker to work, while still allowing and providing for vocational rehabilitation programs when determined appropriate by the Commission.”

In Ark. Code Ann. § 11-9-1001, which is entided the legislative declaration, the Seventy-Ninth General Assembly reemphasized that, “the major and controlling purpose of workers’ compensation is to pay timely temporary and permanent disability benefits to all legitimately injured workers that suffer an injury or disease arising out of and in the course of their employment, to pay reasonable and necessary medical expenses resulting therefrom, and then return the worker to the work force.”

In the case at bar, appellant suffered a compensable injury while in the employ of appellee. After appellant’s release from the care of his physician he returned to his employer in an attempt to resume his employment. After learning that there were no positions available that would accommodate the restrictions placed on his work activities by his treating physician, appellant was encouraged to apply for other positions within the City of Fort Smith, which employs over 600 persons. Although appellant was afforded the opportunity to interview for dispatcher positions within the police and sanitation departments, he was not hired for either.

In reviewing pertinent sections of the Act, we find that the legislative intent that the injured worker be allowed to reenter the work force permeates the language of sections of the Act. See, e.g., Ark. Code Ann. §§ 11-9-101, 11-9-505, 11-9-1001 (Repl. 1996). Keeping in mind that we must make use of our common sense in construing the statutes in question, and that we must construe related statutes in a harmonious manner, we find that the Commission’s interpretation of what constitutes reasonable cause for not returning an employee is erroneous.

Before Ark. Code Ann. § 11-9-505(a) applies several requirements must be met.

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Bluebook (online)
934 S.W.2d 237, 55 Ark. App. 226, 1996 Ark. App. LEXIS 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torrey-v-city-of-fort-smith-arkctapp-1996.