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Trans State Lines v. Lanning2/20/2002
NOT DESIGNATED FOR PUBLICATION
This appeal derives from a Workers' Compensation Commission (Commission) decision reversing the administrative law judge's (ALJ) denial of appellee's temporary total disability benefits and affirming his entitlement to additional medical treatment. On appeal, Trans State Lines and Gallagher Bassett argue that there is insufficient evidence to support the Commission's finding that medical services provided to appellee after September 15, 1999, were reasonably necessary. They do not appeal the Commission's award of temporary total disability benefits. We affirm.
David Lanning was employed as a truck driver. He sustained compensable injuries to his neck, shoulder, arm, and right thigh on March 26, 1999, when he leaned over to put oil in his truck and fell. Appellants accepted his injury as compensable and paid the appropriate benefits through September of 1999.
When Lanning's medical and temporary total disability benefits were terminated, he requested a hearing on the issue of his entitlement to further medical treatment and his entitlement to temporary total disability. The ALJ found that appellee was entitled to additional medical treatment from his treating physicians, but denied his claim for temporary total disability benefits. The full Commission reversed the denial of temporary total disability benefits and affirmed the award of additional medical treatment. This appeal results.
On appeal in worker's compensation cases, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission's decision and affirm when that decision is supported by substantial evidence. Davis v. Old Dominion Freight Line, Inc., 341 Ark. 751, 20 S.W.3d 326 (2000). Substantial evidence is that relevant evidence which a reasonable mind might accept as adequate to support a conclusion. Kildow v. Baldwin Piano & Organ, 67 Ark. App. 289, 999 S.W.2d 199 (1999). A decision by the Commission is not reversed unless it is clear that fair-minded persons could not have reached the same conclusions if presented with the same facts. Estes v. Cedar Chem., 54 Ark. App. 311, 925 S.W.2d 444 (1996).
Arkansas Code Annotated section 11-9-508(a) (Repl. 1996) requires employers to provide such medical services as may be reasonably necessary in connection with the employee's injury. The sole issue here was whether the treatment appellee received after September 15, 1999, was reasonably necessary. Whether a medical procedure or device is reasonable and necessary is a question of fact to be decided by the Commission. Air Compressor Equip. v. Sword, 69 Ark. App. 162, 11 S.W.3d 1 (2000). Entitlement to temporary total disability benefits for an unscheduled injury is contingent upon a showing that claimant is completely incapacitated from earning wages and remains within his healing period. Arkansas State Highway Dep't v. Breshears, 272 Ark. 244, 613 S.W.2d 392 (1981).
Here, appellee was injured when he stopped to refuel his truck. When he went to put oil in the truck, he slipped and fell, injuring his neck, back, shoulder, arm, and right thigh. He sought the medical attention of Dr. Bradley Wilson on March 30, 1999, who diagnosed cervical strain and trochanteric bursitis. The ALJ denied appellee's request for indemnity benefits, concluding that the off-work slips issued by Dr. Wilson were inconsistent with the normal findings following September 15, 1999. The evidence presented provides otherwise.
Dr. Pearlman saw appellee in late September of 1999. He wrote a letter to appellee's treating physician, Dr. Wilson, on October 4, 1999, and diagnosed "chronic cervical strain and post-traumati
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