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Frazier v. Arkansas Dep't of Correction9/14/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Luciana Frazier brings this pro se appeal from the decision of the Arkansas Workers' Compensation Commission (Commission) denying her claim for benefits. On appeal, appellant asserts that (1) the Commission erred in finding that she "failed to prove her case by a preponderance of the evidence" and (2) the Commission erred in failing to make its own findings of fact.
Appellant worked as a correctional officer for the Arkansas Department of Correction. She alleges that, on September 24, 2000, while conducting a security check, she sustained a closed-head injury when hit by an unidentified object that was thrown by an inmate. Appellant testified that she became dazed and confused. She did not remember showing anyone her injury but testified that she informed Lieutenant Sumner and another correctional officer about the incident. Appellant said that, despite her confusion, she completed her shift. On September 26, 2000, appellant was seen at Southwest Behavioral Clinic by Dr. Ella Williams. She was diagnosed with depression and psychosis. In October 2000, appellant was hospitalized and diagnosed with schizo-effective disorder bipolar type. Appellant testified that the incident caused her to suffer a nervous breakdown with headaches. She also said that she had difficulty sleeping and concentrating. Appellant stated that, before the incident, she never experienced confusion or paranoia.
Lieutenant Sumner testified that he did not work on September 24. He recalled reporting to work on September 25 at 5:58 a.m. He did not recall working with appellant or appellant reporting an incident to him. Lieutenant Sumner said that, on the day before the hearing, he checked the security folders and found that appellant had noted an incident on September 24.
In support of her claim, appellant submitted the following medical evidence. In a letter dated March 16, 2004, Dr. R. Greg Wooten wrote the following to appellant:
You had requested that I write you a letter addressing the question, Was It Possible For A Head Injury To Cause Your Mental Diagnosis? I have been treating you since approximately April, 2003. In that time, I have not been aware of any significant head injury. Symptoms similar to ones you have can be experienced by those people who have experienced certain types of head traumas. It is impossible to know exactly what symptoms could be related to that or what symptoms are related to a primary psychiatric disorder.
Appellant also submit the results of her June 12, 2002, MRI. The MRI revealed the following:
In the left frontal subcortical white matter, there is a small less than 5 mm focus of high signal intensity on the FLAIR image #17 of series #4. This is a nonspecific finding. This could be secondary to white matter shear injury in this setting or a history of head trauma if this was significant trauma. This would not be the typical location of an MS plaque. Migraine headaches could produce a similar white matter focus. Finally, this may be idiopathic of no clinical significance. On post contrast images, there are no abnormal enhancing lesions. The brainstem, cerebellum, and craniocervical junction are normal.
The administrative law judge (ALJ) found that appellant could not meet her burden of proof and denied appellant's claim. The full Commission affirmed and adopted the decision of the ALJ. From that decision comes this appeal.
In reviewing decisions from the Workers' Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission's findings, and we affirm if the decision is suppo
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