Wentz v. Service Master

57 S.W.3d 753, 75 Ark. App. 296
CourtCourt of Appeals of Arkansas
DecidedOctober 24, 2001
DocketCA 01-132
StatusPublished
Cited by11 cases

This text of 57 S.W.3d 753 (Wentz v. Service Master) 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
Wentz v. Service Master, 57 S.W.3d 753, 75 Ark. App. 296 (Ark. Ct. App. 2001).

Opinions

Olly Neal, Judge.

This is a workers’ compensation action. Appellant, Erika Wentz, from the decision of the Workers’ Compensation Commission (the Commission) denying her claim for additional benefits. The Commission adopted the administrative law judge’s (ALJ) finding that appellant failed to prove she sustained a compensable physical injury to the brain because the medical evidence was not supported by objective findings. On appeal, appellant argues there was no substantial evidence to support the Commission’s decision that the medical opinion in this case was not based on objective findings, and there was no substantial evidence to support the Commission’s determination that appellant failed to prove by a preponderance of the evidence that she is entitled to temporary total disability and medical benefits after June 9, 1999. We reverse and remand the decision of the Commission for further proceedings.

Appellant was employed by appellee, Service Master, as a service partner cleaning and servicing machines at Planter’s Peanuts. On the evening of December 30, 1998, she was cleaning the floor, and when she came out from underneath a line, her feet came out from under her and she fell head first, hitting her head and the right side of her face on a concrete floor. Although appellant suffered a concussion as a result of the fall, she did not immediately seek medical attention.

On January 5, 1999, appellant was treated in the emergency room of Sparks Regional Medical Center by an internist, Dr. Lance Hamilton. After performing X-ray and MRI testing on appellant, he opined that appellant was suffering from symptoms secondary to the fall. Due to delirium, appellant was admitted to the hospital in February. At this time, she reported to Dr. Hamilton that since the fall, she had been suffering from severe headaches and changes in her mental status. Dr. Hamilton referred appellant to Dr. Douglas Brown, a neuropsychologist. After performing a neuropsychological evaluation on appellant, Dr. Brown diagnosed appellant as having an organic brain disorder, secondary to closed-head injury, mild. Appellant’s workers’ compensation case manager, Yolanda Kimbrough, asked Dr. Michael Morse to see appellant. Dr. Morse diagnosed appellant as having post-traumatic headaches, along with a post-traumatic encephalopathy and depression. Prior to appellant’s visit with Dr. Morse, appellee acknowledged that the injuries to appellant’s head and face were compensable and paid temporary total disability benefits and medical benefits through June 9, 1999. However, after Dr. Morse’s diagnosis, appellee denied liability for additional benefits.

The ALJ found that the injury to appellant’s right jaw and face were compensable injuries. However, the ALJ found that appellant failed to prove by the greater weight of the credible evidence that her jaw/head injuries caused her to be rendered temporarily totally disabled after June 9, 1999. The ALJ also found that appellant failed to prove she sustained a compensable physical injury to the brain as the result of her fall. The Commission affirmed and adopted the decision of the ALJ. Appellant argues there was insufficient evidence to support the Commission’s decision.

When reviewing a decision of the Workers’ Compensation Commission, we view the evidence in the light most favorable to the Commission and affirm the decision if it is supported by substantial evidence. Rice v. Georgia-Pacific Corp., 72 Ark. App. 149, 35 S.W.3d 328 (2000). Substantial evidence is that relevant evidence which 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). A decision by the Workers’ Compensation Commission 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. Rice, supra.

The purpose of our workers’ compensation law is to pay benefits to legitimately injured workers who suffer an injury arising out of and in the course of their employment. Baker v. Frozen Food Express Transp., 63 Ark. App. 100, 974 S.W.2d 487 (1998); see also Ark. Code Ann. § 11-9-101 (b) (Repl. 1996). The employee has the burden of proving a compensable injury. Carman v. Haworth, Inc., 74 Ark. App. 55, 45 S.W.3d 408 (2001). “A compensable injury must be established by medical evidence supported by ‘objective findings.’ ” Ark. Code Ann. § ll-9-102(4)(D) (Supp. 1999). “ ‘Objective findings’ are those findings which cannot come under the voluntary control of the patient.” Ark. Code Ann. § 11-9-102(16)(A)(i) (Supp. 1999). Appellant argues on appeal that there was no substantial evidence to support the Commission’s decision that the medical opinion in this case was not based on objective findings. Specifically, appellant argues that neuropsychological testing is objective.

In his testimony, Dr. Morse stated that “[a] neuropsychological evaluation is objective testing for brain function.” He explained that “neurological examination will show you if there is any big problem like paralysis or numbers or vision problems or coordination problems, and then the neuropsychological evaluation looks at the mental function of the brain; the ability to do calculations, memory, organize thought, learn, carry out activities.”

Dr. Brown admitted that with neuropsychological testing, the patient controls her response. He explained that the “ultimate diagnosis is based upon [the] results of [the patient’s] responses which are compared with results of thousands and thousands of others who have done the exact same tests for many years before.” He also explained that when assessing the test results “[he] specifically checkfs] to see whether there [are] any indicators that would cause [him] to conclude that [the patient] was attempting to manipulate the test results.”

The evidence establishes that appellant had only a ninth-grade education. On March 18, 1999, she saw Dr. Brown for neuropsychological testing. The testing was not finished until March 24, 1999, because appellant suffered exhaustion after the first testing session. Dr. Brown testified that the fatigue factor. determines whether psychological examinations are done on one day or two separate days. He explained that administering the examination on one day or two separated days does not affect the validity of the testing. Dr. Brown testified that different tests were administered on each occasion. Dr. Brown further testified that he did not believe that:

Ms. Wentz’-s intellectual level or her memory capacity were high enough to manipulate the neuropsychological test. Also, given the broad spectrum of testing that we administer to people such as Ms. Wentz for neuropsychological evaluations, its [sic] virtually impossible to manipulate them to come out the way you want them to, because you don’t know what each and every piece of the testing means.

We hold there was no evidence that suggested appellant manipulated the testing.

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Wentz v. Service Master
57 S.W.3d 753 (Court of Appeals of Arkansas, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
57 S.W.3d 753, 75 Ark. App. 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wentz-v-service-master-arkctapp-2001.