Quality Foods v. Mugley5/11/2005
NOT DESIGNATED FOR PUBLICATION
This is a workers' compensation case. On March 31, 2004, an Administrative Law Judge (ALJ) filed an order finding that the appellee, Michael Mugley, sustained an aggravation or a new injury to his right shoulder caused by an incident on June 20, 2003. As a result, the ALJ ordered the appellants, Quality Foods and Royal and Sun Alliance Insurance Company, to provide appellee with reasonably necessary medical services. In addition, the ALJ awarded appellee temporary-total disability benefits for the periods of June 28, 2003, through July 15, 2003, and from August 28, 2003, through October 7, 2003. The ALJ also awarded temporary-partial disability benefits to appellee from July 16, 2003, through August 27, 2003. Appellants appealed the decision to the Workers' Compensation Commission. On September 20, 2004, the Commission filed an opinion that affirmed and adopted the ALJ's opinion. On appeal to this court, appellants claim that substantial evidence does not support the Commission's decision that appellee's right shoulder injury was an aggravation or a new injury rather than a recurrence of a December 26, 2002, injury to appellee's right shoulder. We affirm.
On review, the appellate court must determine whether the Commission's decision is supported by substantial evidence. Williams v. Brown's Sheet Metal/CNA Ins. Co., 81 Ark. App. 459, 105 S.W.3d 382 (2003). Substantial evidence is that which a reasonable person might accept as adequate to support a conclusion. Id. The Commission's decision will be affirmed unless a fair-minded person presented with the same facts could not have arrived at the conclusion reached by the Commission. Second Injury Fund v. Stephens, 62 Ark. App. 255, 970 S.W.2d 331 (1998). The credibility of witnesses' testimony is within the province of the Commission. Williams, supra. At the time of the incident at issue, appellee was thirty-one years old and employed by Quality Foods. On December 26, 2002, appellee slipped on ice in a parking lot at work in Lowell, Arkansas, and sustained a compensable injury to his right shoulder. On that date, CNA Insurance provided workers' compensation insurance to Quality Foods. Quality Foods and CNA accepted the injury as compensable, paid appellee's medical expenses, and made periodic payments of temporary-total disability benefits through June 3, 2003.
On December 26, 2002, after his accident, appellee sought immediate medical treatment in an emergency room at a local hospital. On December 31, 2002, appellee presented to Dr. John H. Young. At that time, appellee complained of severe pain in his right shoulder and tingling in his right upper extremity. Upon physical examination, Dr. Young found that the right shoulder was generally tender with crepitus and a distinct "catch." Appellee was diagnosed with a strain and tendinitis of the right shoulder and right brachial plexus neuropathy.
Appellee presented to Dr. Mark Powell on January 9, 2003. Dr. Powell performed an x-ray of appellee's right shoulder, which indicated joint separation. Dr. Powell scheduled appellee for an MRI of his right shoulder and took him off work. The MRI dated January 9, 2003, revealed mild right rotator cuff tendinosis. Dr. Powell prescribed Vioxx, a course of occupational therapy, and allowed appellee to return to left-hand duty only.
On February 4, 2003, appellee returned to Dr. Powell. Appellee reported that because Quality Foods had been lacking employees, appellee had been unable to perform left-hand only duty. Appellee's job duties had entailed drilling with both hands. A knot developed on the top of appellee's shoulder. Appellee also complained of soreness and tenderness about his right s
Page 1 2 3 Arkansas Employee Leasing Services
Employee Leasing Services
|