Williams v. Hot Springs Excavating Co.

386 S.W.3d 26, 2011 Ark. App. 540, 2011 Ark. App. LEXIS 559
CourtCourt of Appeals of Arkansas
DecidedSeptember 14, 2011
DocketNo. CA 11-40
StatusPublished

This text of 386 S.W.3d 26 (Williams v. Hot Springs Excavating Co.) 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
Williams v. Hot Springs Excavating Co., 386 S.W.3d 26, 2011 Ark. App. 540, 2011 Ark. App. LEXIS 559 (Ark. Ct. App. 2011).

Opinion

WAYMOND M. BROWN, Judge.

| Appellant Johnnie Williams appeals from a decision of the Arkansas Workers’ Compensation Commission (Commission) denying the compensability of his back injury. Williams argues on appeal that the Commission failed to perform a proper de novo review of the record, which resulted in it making erroneous factual findings upon which it expressly relied in reaching its decision. We affirm.

The administrative law judge (ALJ) determined that Williams failed to prove that he suffered a work-related injury to his back on July 7, 2009. The Commission, after performing a de novo review, adopted and affirmed the opinion of the ALJ. This appeal followed.

When an appeal is taken from the denial of a claim by the Workers’ Compensation Commission, the substantial-evidence standard of review requires that we affirm the decision [2if the Commission’s opinion displays a substantial basis for the denial of relief.1 In determining the sufficiency of the evidence to support the findings of the Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission’s findings, and we affirm if those findings are supported by substantial evidence.2 Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.3 It is the Commission’s function to determine the credibility of witnesses and the weight to be given their testimony.4 Further, the Commission has the authority to accept or reject medical opinions, and its resolution of the medical evidence has the force and effect of a jury verdict.5

Williams had worked as a heavy equipment operator for appellee Hot Springs Excavating Company (HSEC) since 1991. Williams allegedly suffered a back injury while performing excavating work on July 7, 2009, on the property of Chester Shaw. Williams was seen by nurse practitioner Jacqueline Laper on July 13, 2009. The progress notes from that date indicate that Williams presented complaining of “excruciating left hip pain,” which started “about a week and a half ago.” The note further stated that there was no history of injury and that Williams had “been having intermittent numbness in his left hand and foot 1 ¡¡since 12/08.” Williams was assessed with left-hip pain with no known injury. Williams was given pain medication and told that if there was no resolution in his pain, he may need to be hospitalized. Williams returned on July 14 stating that the pain medication he received the day before did not work and that he could not take the pain. He also complained of nausea. He was subsequently hospitalized at HealthPark Hospital. The pre-admission history indicated that Williams suffered from left-hip pain after being on a track-hoe all day approximately a week and a half ago. The history also stated that Williams denied any back pain. An MRI was performed on Williams’s back, which showed left foraminal disc herniation at L4-5 with effacement of the left L4 nerve root sheath and probable small annular tear at L5-S1.

Williams presented to Dr. Michael Young on July 16, 2009, with complaints of back and leg pain. Dr. M. Young opined that Williams might benefit from surgical intervention. Williams saw Dr. Andrew Young on July 17, 2009. Dr. A. Young planned to continue treating Williams conservatively. However, Dr. A. Young indicated that if conservative treatment failed to provide Williams with relief, surgery would be the next step. Dr. James Arthur performed surgery on Williams’s back on July 23, 2009. Dr. Arthur released Williams to work as of August 31, 2009.

Williams testified that on July 7, 2009, at approximately 3:30 p.m., he was on an incline clearing brush that had previously been cut down by loggers. He said he put the D-5 dozer he was operating in reverse and hit a stump approximately three-feet tall. Williams stated that the dozer came to a “dead stop,” and he immediately felt a sharp pain in his back. He described the pain as “like a knife sticking in [his] back.” Williams stated that he got off |4of the dozer and “kind of stood there” to make sure he was not hurt badly. He said that he thought he was experiencing the normal aches and pains that come with running heavy equipment. Williams stated that he decided against telling anyone about his injury because if he went home, he would not get paid. He said that he got his trackhoe, dug up the stump, and put it in the pile of brush that he had made. He testified that he finished work that day; however, he said that when he got home, he took an aspirin and placed a heating pad on his back. Williams stated that he finished out his work week (Monday-Thursday), even though it felt as if his back pain “progressed into something worse.” He testified that on Friday, July 10, he could hardly move. He called his doctor, Dr. Andrew Grose, and was prescribed some pain medicine by the nurse practitioner to last him throughout the weekend. Williams said that the medicine did not help his pain so he decided to go see the nurse practitioner on Monday, July 13.6 He testified that the practitioner, Jacqueline Laper, was the first person he told about his accident. He also stated that she wrote down everything he told her. Williams said that on July 14, 2009, while he was in the hospital, he called Lloyd Wynn7 and informed him about the injury. According to Williams, Wynn came to see him immediately. Williams also stated that Wynn filled out his paper work concerning the injury.

On cross-examination, Williams stated that he filed a workers’ compensation claim when he injured his ankle in 1997 while working for HSEC. He said that he was seen at “some little day clinic” that same day. He acknowledged that he was “familiar with how to ^process a workers’ comp claim.” Williams testified that he went to Wynn’s office on Thursday night, July 9, 2009, to pick up his check. He continued,

When I went into his office I didn’t say anything about the injury as far as the injury goes, but I went to sit down and talk to [Wynn] and I said “[Wynn], I can’t sit down.” He said something to the effect of “I understand” or something like that, I walked out, went and cashed my check and went home. I didn’t mention my injury.

Williams stated that he never mentioned his injury to Shaw. Williams conceded that even though he had Wynn’s and Shaw’s phone numbers, he never called to inform them about his injury prior to July 14, 2009. Williams denied telling Dr. Grose’s nurse practitioner on July 18, 2009, his pain started a week and a half ago. Williams stated that he took the stump out after he hit it because he did not want anyone else to get hurt.

Wynn testified that he is Shaw’s son-in-law and the vice president of HSEC. He stated that even though business is slow, the company has kept Williams on because he is a good worker. Wynn also said that he had found Williams to be a truthful person in the past.

On cross-examination, Wynn stated that he was not present on July 7, 2009, when Williams allegedly injured his back. On redirect, Wynn stated that he did not remember Williams complaining about having difficulty with his back before July 7. He also said that he has had compression fractures and that he could not drive heavy equipment with the fractures.

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Cite This Page — Counsel Stack

Bluebook (online)
386 S.W.3d 26, 2011 Ark. App. 540, 2011 Ark. App. LEXIS 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-hot-springs-excavating-co-arkctapp-2011.