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Long v. Glad Manufacturing Co.5/25/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Ronnie Long appeals from the August 18, 2004, decision of the Arkansas Workers' Compensation Commission (Commission) finding that he failed to prove by a preponderance of the evidence that he had sustained an occupational disease. On appeal, appellant asserts that (1) the decision of the Administrative Law Judge (ALJ) was supported by the preponderance of the medical and lay testimony and (2) "the full Commission erred in finding that the evidence was not substantial to support appellant's testimony." We affirm.
Appellant worked thirty years for appellee Glad Manufacturing. Glad manufactures trash bags, sandwich bags, and freezer bags. Appellant worked in extrusion, the process where the plastic is melted into a film. The film is then extruded into bags. Appellant's job was to slice the end of the bags. He also worked in conversion, where the bags are put in a box and sent for further processing. At some point after 1990, appellant began having problems breathing and began to experience coughing and fatigue. He was diagnosed with asthma.
In early 2000, Glad began manufacturing scented bags. The added scent resulted in a "fog like" substance forming on the film. Because its employees were experiencing watery eyes and sniffling during the manufacture of the scented bags, Glad changed its ventilation system.
Appellant continued to experience problems with his breathing. In 2002, Dr. Lyle Hardy diagnosed appellant as possibly having occupationally-induced asthma. In a letter dated September 30, 2002, he wrote that appellant "most likely" had occupational asthma. Believing that the manufacture of the scented bags had exacerbated his asthma, appellant filed a claim for workers' compensation benefits.
On June 16, 2003, a hearing was held before the ALJ. During the hearing, the medical evidence established that appellant had first been diagnosed with asthma during early childhood. The ALJ found that the chemicals used in the scented bags were the "probable" or "most likely" cause of appellant's asthmatic difficulties. The ALJ also found that appellant had proven by a preponderance of the evidence that he suffered from an occupational disease and awarded appellant the medical expenses associated with his asthma. However, the ALJ found that appellant had failed to prove that he was entitled to temporary or permanent disability benefits. On appeal to the full Commission, the Commission reversed the decision of the ALJ, finding that appellant had failed to prove by a preponderance of the evidence that he suffered from an occupational disease. From that decision comes this appeal.
In his first argument on appeal, appellant argues that the decision of the ALJ was supported by the preponderance of the medical and lay testimony. In workers' compensation cases we do not review the decision of the ALJ; we review the decision of the Commission. Patchell v. Wal-Mart Stores, Inc., Ark. App., S.W.3d (May 19, 2004). Furthermore, in his argument section, from page A-3 to the end of his argument section, appellant fails to cite to us one case, statute, treatise, or constitutional provision. Without citation to authority or convincing argument, we do not consider claims of error made on appeal. See Greene v. State, 356 Ark. 59, 146 S.W.3d 871 (2004).
In his points on appeal, appellant also asserts that the full Commission erred in finding that the evidence was not substantial to support appellant's testimony. Appellant fails to address this point in his argument section. Therefore, the point has been abandoned on appeal. Hale v. State, 343 Ark. 62, 85, 31 S.W.3d 850, 864 n.7 (2000).
Affirmed.
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