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Gentry v. Poulan Weed Eater9/19/2001
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
The appellant, Shirley Gentry, appeals from an order of the Arkansas Workers' Compensation Commission denying her additional benefits. On May 6, 1998, appellant was employed by the appellee, Poulan Weed Eater, when she experienced a carpal tunnel injury. Appellee accepted the injury as compensable and paid appellant a 10% impairment rating for her right hand. Appellant subsequently claimed additional benefits. Specifically, appellant requested the following:
(1) temporary total disability benefits from December 1, 1999, through December 8, 1999; (2) a change of physician to Dr. James Tuberville, and further medical benefits; and (3) a permanent impairment rating to her right hand and wrist of 22%, and a permanent impairment rating of 9% to her left hand and wrist. On June 14, 2000, an Administrative Law Judge ("ALJ") issued an opinion denying appellant's requests. The Commission affirmed and adopted the ALJ's findings. Appellant contends that the Commission's decision is not supported by substantial evidence. We affirm.
When reviewing a decision of the Arkansas Workers' Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the findings of the Commission and affirm that decision if it is supported by substantial evidence. Clark v. Peabody Testing Serv., 265 Ark. 489, 579 S.W.2d 360 (1979).
Substantial evidence is that which a reasonable mind might accept as adequate to support a conclusion. Crossett Sch. Dist. v. Fulton, 65 Ark. App. 63, 984 S.W.2d 833 (1999). The issue is not whether this Court might have reached a different result from the Commission. Malone v. Texarkana Pub. Schs., 333 Ark. 343, 969 S.W.2d 644 (1998). If reasonable minds could reach the result found by the Commission, we must affirm the decision. Bradley v. Alumax, 50 Ark. App. 13, 899 S.W.2d 850 (1995). In making our review, we recognize that it is the function of the Commission to determine credibility of witnesses and the weight to be given their testimony. Stephens Truck Lines v. Millican, 58 Ark. App. 275, 950 S.W.2d 472 (1997).
First, appellant argues that the Commission erred in denying her temporary total disability benefits from December 1, 1999, through December 8, 1999. To obtain temporary total disability benefits, a claimant must show that he was totally incapacitated from earning wages, and that he was in his healing period. Arkansas State Highway & Transp. Dep't v. Breshears, 272 Ark. 244, 613 S.W.2d 392 (1981). A claimant is entitled to temporary total disability during his healing period if he shows by the preponderance of the evidence that he had a total incapacity to earn wages. Carroll Gen. Hosp. v. Green, 54 Ark. App. 102, 923 S.W.2d 878 (1996). Arkansas Code Annotated section 11-9- 102(12) defines the healing period "as that period for healing of an injury resulting from an accident."
The ALJ used the following information in evaluating this issue: 1) a letter from Dr. Barry Green stating that appellant reached maximum medial improvement as of December 8, 1998, and assigning a 22% permanent impairment rating to the right upper extremity; 2) a letter dated December 18, 1999, from Dr. Reginald Rutherford, who examined appellant on December 18, 1999, stating that appellant's symptoms were non-organic and assigning a 10% permanent impairment rating; 3) a letter from Dr. Bruce Safman, dated July 21, 1999, stating that appellant did not have symptoms attributable to surgery and he could not offer any further treatment; 4) a letter from Dr. Michael Moore, dated March 3, 1999, stating that appellant had reached maximum medical
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