Arkansas Department of Correction v. Jennings
2017 Ark. App. 446
| Ark. Ct. App. | 2017Background
- Christie Dawn Jennings, a correctional officer, slipped on June 29, 2015, injuring her right knee while working for the Arkansas Department of Correction (ADC).
- ADC paid temporary total-disability benefits, provided restricted light/sitting duty for a time, then rotated Jennings back to patrol; her knee flared and benefits were reinstated. She later was released to full duty on November 9, 2015.
- ADC terminated Jennings on August 31, 2015, stating she was not a qualified employee under the FMLA; the termination letter said she could reapply when recovered.
- Jennings’ counsel demanded reinstatement (November 2015); ADC refused. Jennings sought additional compensation under Ark. Code Ann. § 11-9-505(a) for ADC’s refusal to return her to work.
- The ALJ denied relief; the Workers’ Compensation Commission reversed and awarded 505(a) benefits beginning November 10, 2015, for a period not exceeding one year. ADC appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Davis v. Dillmeier bars a 505(a) award when claimant is not receiving disability benefits | Davis is distinguishable; 505(a) does not require concurrent disability benefits | Davis precludes 505(a) if no workers’ compensation disability benefits are being paid | Davis is distinguishable; 505(a) award may be made even if disability benefits have ceased |
| Whether Jennings met Torrey factors (injury, suitable work, employer refusal, no reasonable cause) — focus on refusal and reasonable cause | ADC effectively refused reinstatement by requiring reapplication; Jennings’ attorney demanded reinstatement | ADC had not refused because it offered reapplication and cited FMLA/noncoverage and probationary status as reasonable cause | Reapplication is not reinstatement; ADC’s refusal was without reasonable cause and satisfied Torrey’s prongs |
| Whether ADC could rely on FMLA/probationary status to avoid 505(a) obligations | State workers’ compensation statute provides protections independent of FMLA; probationary status irrelevant to 505(a) | ADC acted consistently with FMLA and employment-at-will; thus no 505(a) liability | FMLA and at-will doctrine do not excuse noncompliance with § 11-9-505(a); statutory reinstatement obligation controls |
| Whether the Commission erred by awarding up to a full year and failing to offset unemployment | Award should be limited to elapsed time and offset by unemployment benefits received | Award may be limited to the period of refusal (not necessarily a full year at ruling) and ADC failed to preserve/produce offset proof | Commission properly limited award to the period of refusal "not exceeding one year"; offset/unemployment not adjudicated or shown, so no reduction ordered |
Key Cases Cited
- Davis v. Dillmeier Enters., Inc., 330 Ark. 545 (Ark. 1997) (case addressing employer discrimination; court distinguished it from § 11-9-505 workers’ compensation claims)
- Clayton Kidd Logging Co. v. McGee, 77 Ark. App. 226 (Ark. Ct. App. 2002) (affirmed § 11-9-505 award where claimant was not receiving disability benefits; distinguished Davis)
- Torrey v. City of Fort Smith, 55 Ark. App. 226 (Ark. Ct. App. 1996) (established four-prong test for § 11-9-505: compensable injury; suitable work available; employer refusal; refusal without reasonable cause)
- Mullin v. Duckwall Alco, 484 S.W.3d 283 (Ark. Ct. App. 2016) (standard of review: affirm Commission if supported by substantial evidence)