Walker v. Cooper Standard Automotive

289 S.W.3d 184, 104 Ark. App. 175, 2008 Ark. App. LEXIS 858
CourtCourt of Appeals of Arkansas
DecidedDecember 17, 2008
DocketCA 08-519
StatusPublished
Cited by5 cases

This text of 289 S.W.3d 184 (Walker v. Cooper Standard Automotive) 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
Walker v. Cooper Standard Automotive, 289 S.W.3d 184, 104 Ark. App. 175, 2008 Ark. App. LEXIS 858 (Ark. Ct. App. 2008).

Opinions

John B. Robbins, Judge.

Appellant Cedric Walker appeals the denial of temporary total disability (TTD) or temporary partial disability (TPD) benefits by the Workers’ Compensation Commission in his claim against appellee Cooper Standard Automotive. Appellant asserts on appeal that while he continued to work light-duty after his compensable left knee injury, he was ultimately terminated due to a reduction in workforce, rendering him eligible for TTD or TPD while he remained in his healing period. Appellee employer resisted the claim in its entirety, and it cross-appeals the finding that the knee injury is compensable, arguing that any medical treatment required after he left employment was the result of a later independent intervening event. Thus, both employee and employer argue that the Commission’s decision lacks substantial evidence to support it on their respective points.

We affirm on cross appeal, holding that substantial evidence supports the Commission’s finding that appellant suffered a com-pensable knee injury on April 27, 2006, that included a medial meniscus tear. On direct appeal, we reverse and remand because appellant was not statutorily barred from receiving TTD or TPD.

This court reviews decisions of the Workers’ Compensation Commission to determine whether there is substantial evidence to support it. Rice v. Georgia-Pacific Corp., 72 Ark. App. 149, 35 S.W.3d 328 (2000). 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). We review the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission’s findings, and we affirm if its findings are supported by substantial evidence. Geo Specialty Chem. v. Clingan, 69 Ark. App. 369, 13 S.W.3d 218 (2000). The issue is not whether we might have reached a different decision or whether the evidence would have supported a contrary finding; instead, we affirm if reasonable minds could have reached the conclusion rendered by the Commission. Sharp County Sheriff's Dep’t v. Ozark Acres Improvement Dist., 75 Ark. App. 250, 57 S.W.3d 764 (2001); Foxx v. American Transp., 54 Ark. App. 115, 924 S.W.2d 814 (1996). It is the Commission’s province to weigh the evidence and determine what is most credible. Minn. Mining & Mfg. v. Baker, 337 Ark. 94, 989 S.W.2d 151 (1999).

In workers’ compensation cases, the Commission functions as the trier of fact. Blevins v. Safeway Stores, 25 Ark. App. 297, 757 S.W.2d 569 (1988). The credibility of witnesses and any conflict and inconsistency in the evidence is for the Commission to resolve. Warwick Electronics, Inc. v. Devazier, 253 Ark. 1100, 490 S.W.2d 792 (1973). A majority of the Commission is required to reach a decision. See Ark. Code Ann. § ll-9-204(b)(l) (Repl. 1996); see also S & S Constr., Inc. v. Coplin, 65 Ark. App. 251, 986 S.W.2d 132 (1999). Two-to-one decisions are frequently issued by the Commission, and those are majority decisions. S & S Constr., Inc. v. Coplin, supra. Here, all three Commissioners agreed to affirm and adopt the ALJ’s finding of compensability of the knee injury and reasonably related medical expenses. Two of the three Commissioners agreed to affirm and adopt the ALJ’s finding of appellant being barred from TTD or TPD because of refusal of suitable employment.

To perform the proper review on appeal, we must examine the basis for the Commission’s findings. Appellant, a man in his forties, had worked for Cooper Standard Automotive since 1997. Appellant was in a light-duty position1 in the storeroom when he hurt his knee walking up stairs on April 27, 2006, in the middle of his shift. Appellant lost his balance, his weight shifted, and in an effort to protect his post-surgical right knee, he hurt his left knee. Appellant stated that although he finished his shift, his knee immediately began to hurt and swell. The next day, his knee was swollen so badly he could hardly walk. Appellant filed an incident report and was sent to the company doctor, who performed an x-ray and prescribed ice packs and anti-inflammatory medication. The nurse noted visible swelling upon physical exam. After that incident, his knee continued to bother him, but he continued in his light-duty job at work.

Appellant signed a severance agreement at the end of June 2006, because the plant was reducing its workforce and was heading for closure. Appellant added that he probably could not continue to work as he had been doing because his knee was continuing to hurt. Appellant testified that he felt he had no alternative but to sign the severance form and take the severance money ($3,541.19) in order to pay for medical care, which was being declined by the workers’ compensation carrier. The pre-printed form, signed by appellant, the employer’s human resources manager, and the union representative, stated that appellant understood that he was “being terminated from employment at Cooper-Standard Automotive effective 7-5-06 due to reduction in workforce in accordance with the plant closure agreement.” It acknowledged that he was being “terminated due to my seniority or that I have chosen to be voluntarily terminated.” The form ensured that appellant had read “the El Dorado Plant closing termination agreement.”

Appellant presented to an emergency room on August 2, 2006, wherein the report was that appellant had twisted his left knee while getting out of the bathtub, causing worsening pain that night. Appellant recalled going to the emergency room that night, but he denied any new injury, testifying that his knee was hurting before that night. Appellant challenged the accuracy of any written note saying he hurt his knee a couple days before August 2, 2006.

Appellant presented to another physician in late 2006, and appellant was prescribed a knee brace. Appellant said it helped but that he knew something was still very wrong with his left knee because it hurt all the time. An MRI performed in January 2007 demonstrated the existence of a medial meniscus tear, for which surgical repair was suggested. Appellant said he wanted the surgery but could not pay for it.

Appellee argued that the cause for the need for extensive medical treatment including surgery was just as likely the bathtub event in August, not the April work event. Appellee asserted that appellant failed to prove a compensable surgical injury. Appellee also argued that appellant’s voluntary resignation barred any claim for TTD or TPD.

The ALJ found appellant’s testimony credible as to the onset and severity of injury.

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Walker v. Cooper Standard Automotive
289 S.W.3d 184 (Court of Appeals of Arkansas, 2008)

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Bluebook (online)
289 S.W.3d 184, 104 Ark. App. 175, 2008 Ark. App. LEXIS 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-cooper-standard-automotive-arkctapp-2008.