Arkansas Highway & Transportation Department v. Dunlap
2017 Ark. App. 637
| Ark. Ct. App. | 2017Background
- Robert Dunlap (age 55) was struck by a vehicle while filling potholes on August 14, 2012, sustaining compensable right upper-extremity injuries and multiple subsequent orthopedic surgeries.
- After the accident, Dunlap was diagnosed with depressive disorder and PTSD by UAMS clinicians and a PhD psychologist; his family physician (Dr. Carfagno) prescribed psychotropic medication and continued treatment.
- At an ALJ hearing (Sept. 13, 2016) Dunlap sought compensability of mental injuries, authorization for his medications, an additional anatomical impairment rating (or permanent-total disability from Jan. 21, 2013), and attorney’s fees.
- The ALJ (Nov. 2, 2016) found Dunlap proved compensable mental injuries, that his medications were reasonable and necessary, and that he was permanently totally disabled beginning Jan. 21, 2013; the Workers’ Compensation Commission affirmed on de novo review.
- The Highway Department appealed, arguing the Commission’s findings re: compensable mental injuries, medical treatment, and entitlement to permanent total disability were not supported by substantial evidence and that the Commission arbitrarily disregarded record evidence.
- Vocational evidence (Heather Taylor) found no suitable jobs given Dunlap’s physical and very low academic skills; the ALJ credited Dunlap’s testimony over an assertion that he had resigned from employment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dunlap’s mental injuries (PTSD, depressive disorder) are compensable and whether medications are reasonable and necessary | Dunlap: mental-health diagnoses by psychiatrists/psychologists are causally related to the work injury; medications are medically necessary | Highway Dept.: record lacks substantial evidence linking mental injuries and ongoing medication to the compensable physical injury | Commission/Appeals Court: affirmed—substantial evidence supports compensable mental injuries and continued medication as reasonable and necessary |
| Whether Dunlap is entitled to permanent total disability beginning Jan. 21, 2013 | Dunlap: medical opinions show no use of right arm; vocational search found no meaningful wage-earning opportunities | Highway Dept.: Commission disregarded contrary record evidence and testimony; findings not supported by substantial evidence | Commission/Appeals Court: affirmed—substantial evidence supports award of permanent total disability from Jan. 21, 2013 |
Key Cases Cited
- SSI, Inc. v. Cates, 350 S.W.3d 421 (Ark. Ct. App. 2009) (Commission may adopt ALJ opinion and make it its own)
- Hawley v. First Sec. Bancorp, 385 S.W.3d 388 (Ark. Ct. App. 2011) (appellate review considers ALJ and Commission opinions in tandem)
- Prock v. Bull Shoals Boat Landing, 431 S.W.3d 858 (Ark. 2014) (standard: affirm if supported by substantial evidence)
- Crudup v. Regal Ware, Inc., 20 S.W.3d 900 (Ark. 2000) (definition of substantial basis for appellate review)
- Wilson v. Smurfit Stone Container, 373 S.W.3d 347 (Ark. Ct. App. 2009) (credibility and weight of testimony are for the Commission)
- Pafford Med. Billing Servs., Inc. v. Smith, 381 S.W.3d 921 (Ark. Ct. App. 2011) (appellate reversal only when fair-minded persons could not reach Commission’s conclusion)