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Wells v. Wal-Mart Stores11/9/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Shirley Wells appeals from the decision of the Arkansas Workers' Compensation Commission (Commission) finding that she had reached the end of her healing period and was not entitled to further temporary-total-disability benefits or medical treatment. On appeal, appellant argues that the Commission's decision is not supported by substantial evidence. We affirm.
Appellant worked in the floral department at Wal-Mart Supercenter Number 128. On May 14, 2001, appellant fractured her right foot when she tripped on a box en route to her work station. Appellant was seen that day by the company doctor, Dr. Ken Carpenter. Dr. Carpenter referred appellant to Dr. John Woloszyn for further treatment. The following day, appellant returned to work in a cast. Five days later, appellant noticed swelling in her right knee and returned to Dr. Carpenter. Appellant worked the next month from a wheelchair.
Following the removal of her cast, appellant continued to have problems with her right knee. She testified that she was unable to pick up her foot. Appellant complained to Debbie West, the personnel manager, and was referred back to Dr. Carpenter. On October 29, 2001, at the behest of Dr. Carpenter, appellant underwent a bone scan of her right knee. The bone scan revealed "severe degenerative joint disease right knee and patella femoral joint laterally on the patella."
In November 2001, appellant was treated by Dr. James Mulhollan at the Arkansas Knee Clinic, P.A. She continued to receive treatment from Dr. Mulhollan through July 1, 2002, when Dr. Mulhollan found that appellant had reached maximum medical improvement and released appellant to return to work. Following her release to work, appellant saw Dr. Mulhollan again on August 1, 2002. In a letter dated that same day, Dr. Mulhollan wrote "In my estimation, this patient is basically over the injury she sustained in May, when she fell."
After her release by Dr. Mulhollan, appellant worked through June 24, 2003, when, due to her knee pain, she informed Ms. West that she was unable to continue working. That same day, appellant received treatment from Dr. William Hurst. Dr. Hurst excused appellant from work through July 3, 2003. On July 3, 2003, appellant returned to Dr. Mulhollan for a cortisone injection. Thereafter, appellant was granted a change of physician from Dr. Mulhollan to Dr. Edward Cooper, Jr., of Advanced Orthopaedics. Appellant has since remained off work and filed a claim for additional benefits.
The administrative law judge (ALJ) found that appellant was entitled to additional medical benefits and temporary total disability benefits. The full Commission reversed the decision of the ALJ. The Commission found that appellant had reached maximum medical improvement on August 1, 2002, and that she was not entitled to additional temporary total disability benefits or medical treatment. From that decision comes this appeal.
In reviewing workers' compensation cases, this court only reviews the findings of the Commission, not those of the ALJ. Stone v. Dollar Gen. Stores, Ark. App. , S.W.3d (June 8, 2005). The standard of review in workers' compensation cases is well settled. Wackenhut Corp. v. Jones, 73 Ark. App. 158, 40 S.W.3d 333 (2001). We view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission's findings and affirm the decision if it is supported by substantial evidence. Id. Substantial evidence is that relevant evidence which reasonable minds might accept as adequate to support a conclusion. K II Constr. Co. v. Crabtree, 78 Ark. App. 222, 79 S.W.3d 414 (2002). If reasonable minds cou
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