 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
White v. Amtran Corp.2/14/2001
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
In this workers' compensation case, C. L. White contends that he injured his lower back while handling large pieces of sheet steel and that two weeks later, while performing another job-related task, he exacerbated the pain to the extent that he could no longer work. His employer, AmTran, initially treated his claim as compensable, but later the claim was controverted. Following a hearing, an administrative law judge denied the claim upon finding that the claimant failed to prove that he had suffered an injury arising out of and in the course of his employment. The Workers' Compensation Commission affirmed and adopted the law judge's decision. Mr. White now appeals, contending that reasonable men impartially weighing the evidence could not have reached the conclusion to deny benefits. We affirm.
In establishing the compensability of his claim, White was required to prove that he suffered an injury arising out of and in the course of employment, and that the injury was caused by a specific incident identifiable by time and place. See Ark. Code Ann. ยง 11-9-102(4)(A)(i) (Supp. 1999). Where a claim is denied because a claimant has failed to show entitlement to compensation by a preponderance of the evidence, the substantial evidence standard of review requires us to affirm the Commission if its opinion displays a substantial basis for the denial of the relief sought. Maxey v. Tyson Foods, Inc., 66 Ark. App. 301, 991 S.W.2d 624 (1999); Linthicum v. Mar-Bax Shirt Co., 23 Ark. App. 26, 741 S.W.2d 275 (1987). The issue is not whether we might have reached a different result or whether the evidence would have supported a contrary finding; even where a preponderance of the evidence might indicate a contrary result, we will affirm if reasonable minds could reach the Commission's conclusion. Bearden Lumber Co. v. Bond, 7 Ark. App. 65, 644 S.W.2d 321 (1983).
At the time of the hearing appellant was still employed with appellee, who had provided him a job with a ten-pound lifting restriction. Appellant testified that his schooling had stopped at the eighth grade and that he had trouble reading and writing. He testified as follows regarding his injury. On September 16, 1997, he and Lynette Moore were working with heavy metal at a shearing machine, cutting quarter-inch steel sheets weighing over 200 pounds into sizes suitable for fabrication as bus floors. It took both workers to handle one piece, with Moore lifting one end to the machine and appellant lifting the other, bringing it up and swinging it around into position. Appellant had to stop performing this task when he felt something pop or snap. He told Moore and Waco Parrish that he had hurt himself and needed to go to First Aid. At the health and safety station, nurse Diane Perkins told him that he had a strained muscle. She gave him "some kind of old aspirin" and sent him back in the plant, where he had to go back to work. The next day he returned to Perkins, complaining that his back was still hurting. She told him to give it three or four days, and he continued his work at the shearing machine.
Appellant testified that he hurt the same part of his back on September 30, 1997, while working with Paul Goins on "drip rails." Appellant said he had to pick up the rails, which were as long as buses, by reaching three feet over a bar, leaning over, reaching down, and lifting straight from the waist. He said that he reported this injury to Perkins by again going to the health and safety station; she did nothing for him, and they argued a little. He went back to work, returned about thirty minutes later with his supervisor, Richard, and was left at the station. After about two ho
Page 1 2 3 Arkansas Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|