Arkansas Department of Community Correction v. Barclay
2017 Ark. App. 214
| Ark. Ct. App. | 2017Background
- Theresa Barclay worked for the Arkansas Department of Community Corrections (ADCC) from 2004 until termination in May 2015 and reported migraines and respiratory problems beginning around 2010.
- After continued symptoms, she was referred in 2014 to allergist Dr. Scott Snodgrass, who diagnosed mold allergy and advised she avoid the workplace until mold remediation.
- Barclay and coworkers testified to recurring water leaks and visible mold at the facility, including roof damage in June 2014 that worsened the problem.
- Barclay filed a workers’ compensation claim (December 2014) alleging an occupational disease/inhalant injury from workplace mold and sought medical expenses and temporary total disability benefits.
- The ALJ found Barclay proved an occupational disease and, alternatively, an inhalant injury from mold, ordered medical expense coverage but denied temporary total disability; the Workers’ Compensation Commission affirmed and adopted the ALJ.
- ADCC appealed (challenging the occupational-disease finding and alleging the Commission relied on outside online materials); Barclay cross-appealed the denial of temporary total disability benefits. The Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barclay proved a compensable occupational disease | Barclay: mold exposure at work caused occupational disease entitling her to benefits and medical expenses | ADCC: evidence insufficient to prove occupational disease; preexisting conditions/non-work causes; claim untimely | Court affirmed Commission but relied on the Commission/ALJ’s alternative finding of a compensable inhalant injury; ADCC did not challenge the inhalant-injury finding, so judgment affirmed without addressing occupational-disease merits |
| Whether the Commission improperly relied on online materials not in the record | Barclay: not applicable (no reliance argument raised by her) | ADCC: majority opinion referenced online sources outside the record, violating due process | Court found the majority simply adopted the ALJ’s decision (which did not use outside materials) and there was no evidence the majority relied on those online sources; claim rejected |
| Whether Barclay is entitled to temporary total disability benefits | Barclay: her condition required time off and caused disability entitling her to temporary total disability | ADCC: Barclay failed to prove disability/wage loss; prior symptoms and ability to continue work undermine disability claim | Commission and Court denied temporary total disability; Barclay’s cross-appeal was not argued with sufficient legal authority, so issue not reached on the merits |
| Whether claim was barred by statute of limitations or reduced for preexisting condition | Barclay: claim timely and compensable | ADCC: claim barred by statute or, if compensable, liability should be reduced due to preexisting conditions | ALJ and Commission found claim not barred by statute; reduction for preexisting condition was raised but not adopted to negate compensability in the final disposition |
Key Cases Cited
- Livermore v. Madison Cnty. Judge, 447 S.W.3d 130 (Ark. Ct. App. 2014) (standard that appellate court affirms Commission if supported by substantial evidence)
- Flynn v. Sw. Catering Co., 379 S.W.3d 670 (Ark. Ct. App. 2010) (appellate review defers to Commission credibility determinations)
- Ozark Nat'l Food v. Pierson, 389 S.W.3d 105 (Ark. Ct. App. 2012) (when Commission adopts ALJ opinion, appellate review considers both opinions)