Woods v. Tyson Poultry, Inc.

547 S.W.3d 456
CourtCourt of Appeals of Arkansas
DecidedMarch 7, 2018
DocketNo. CV–17–785
StatusPublished
Cited by1 cases

This text of 547 S.W.3d 456 (Woods v. Tyson Poultry, Inc.) 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
Woods v. Tyson Poultry, Inc., 547 S.W.3d 456 (Ark. Ct. App. 2018).

Opinion

KENNETH S. HIXSON, Judge *458Appellant Robert A. Woods appeals from an August 14, 2017 opinion by the Arkansas Workers' Compensation Commission (Commission) affirming and adopting the findings of fact and conclusions of law made by the administrative law judge (ALJ) in favor of appellees, Tyson Poultry, Inc. (Tyson); Tynet Corporation; and Death & Permanent Total Disability Trust Fund. On appeal, appellant contends that (1) substantial evidence does not support the Commission's decision that he was not permanently and totally disabled, and (2) the Workers' Compensation Act violates the separation-of-powers doctrine and his right to due process. We disagree and affirm.

It is undisputed that appellant sustained a compensable work-related injury on September 15, 2013, during his employment at Tyson. Appellant's left hand was injured, which subsequently necessitated amputation below his elbow. He now uses a prosthesis. Appellant reached maximum medical improvement on June 24, 2015, and was issued an impairment rating. Subsequently, appellant sought permanent and total-disability benefits, which appellees contested. Appellant additionally sought additional medical treatment by Dr. James Kelly, appellant's former treating physician and surgeon, and for additional psychiatric treatment. A hearing was held before the ALJ on these issues.

Appellant provided a lengthy "Constitutional Brief" in which he raised challenges to the constitutionality of the Workers' Compensation Act, to which appellees filed a response. Appellant alleged that the Workers' Compensation Act violates the separation-of-powers doctrine and his right to due process. He further alleged that the evidence submitted by him established that the executive branch of the State of Arkansas and private interests have exerted pressure on workers'-compensation ALJs and commissioners, which infringes on their decision independence and results in actual bias and the appearance of bias in the decisions of the ALJs and commissioners. Therefore, he requested that all present ALJs and commissioners recuse themselves from participating in his case.

At the hearing before the ALJ, appellant testified that he still experiences varying degrees of pain and that he desires to go back for further treatment by Dr. Kelly for help with his prosthesis. Appellant testified that he is able to dress himself but that his clothes must have suspenders to do so. His son assists him in bathing. Appellant testified that during the day, he watches television and plays on his phone. He also drives his children to school and is able to use a riding lawn mower. Appellant further admitted on cross-examination that he had previously indicated that he could perform household chores, start the laundry, and prepare easy meals.

Appellant indicated that after the injury, he received psychiatric treatment from Dr. Richard Back when he previously felt suicidal and "useless." Dr. Back diagnosed appellant with posttraumatic stress disorder (PTSD). Appellant testified that he is still experiencing nightmares and desires *459to go back to see a psychiatrist. Brian Herring, appellant's pastor, testified at the hearing that he also thought appellant is depressed based on the conversations that he had with appellant.

Dr. Kelly testified via deposition that appellant is suffering from phantom limb pain and PTSD. Dr. Kelly agreed that it would be reasonable for appellant to see a psychiatrist to aid in his PTSD. Dr. Kelly also testified that he would be willing to see appellant for another evaluation of his arm.

The ALJ reviewed the medical records and vocational reports. The record reflects that appellant met with a vocational-rehabilitation counselor, Heather Taylor, to complete a vocational-rehabilitation assessment. Ms. Taylor reported:

In summary Mr. Woods will likely experience difficulty if he is able to return to the workforce. Mr. Woods has primarily performed unskilled labor jobs his entire career. Per Dr. Kelly, Mr. Woods is not limited to one-armed work. Based on his past work history, educational background, current level of achievement, and lack of transferrable skills, he will be limited to future unskilled/semi-skilled work but less physical demanding because of his limitations. He is not a candidate for formal re-training for purposes of skill acquisition.

Based on the labor market research completed in his area, few current job openings were identified that would fit within his restrictions. Of those few, his likely earnings would be minimum wage ($8.00/hour approximately) which is less than what he was earning at the time of his injury.

If Mr. Woods desires job search assistance, I would be available to try and assist with that process. If additional information or clarification is desired, please contact me.

Appellant additionally met with a second vocational-rehabilitation counselor, Dr. Tanya Rutherford Owen. Dr. Owen reported:

Mr. Woods' previous positions have consisted of medium to heavy level work. At this time, Mr. Woods has limitations as a result of his left arm injury, limiting him to work that involves lifting up to 25 pounds. Return to work in previously held occupations is not possible with his assigned physical restrictions. As a result of his work experience, Mr. Woods has acquired very few skills that would transfer to work within his physical limitations. However, there are entry-level jobs for which Mr. Woods qualifies. I have outlined a sample of these jobs above and have outlined rehabilitation options also available to Mr. Woods.

The ALJ took the case under advisement, filed its opinion on February 3, 2017, and specifically made the following pertinent findings:

The Commission has been asked to determine if the claimant is permanently and totally disabled. Permanent and total disability is defined in Arkansas Code Annotated § 11-9-519(e)(1). That statute defines permanent and total disability as the inability, because of compensable injury, to earn any meaningful wages in the same or other employment. The question of permanent and total disability is an issue of fact and all relevant evidence bearing upon the issue should be considered by the Commission, Revere Cooper & Brass, Inc., v. Birdsong, 267 Ark. 922, 593 S.W.2d 54 (1979). Here, the claimant has a high school diploma with no other significant training or education. He has worked as a general laborer for most of his work history, until the time of his injury. He stated that he had not worked since the *460time of his injury. Due to his injury, the claimant now has lifting restrictions and has the use of only one arm. The claimant has not attempted to return to work. Both vocational reports in the record reflect that the claimant cannot return to the jobs he held in the past. They both do, however, state that he could work in positions of cashier, housekeeping, greeter, and asset protection-entry level jobs. The claimant contends that he cannot perform these jobs. There is nothing credible in the record to support such a finding.

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Cite This Page — Counsel Stack

Bluebook (online)
547 S.W.3d 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-tyson-poultry-inc-arkctapp-2018.