Bennett v. Tyson Poultry, Inc.
2016 Ark. App. 479
| Ark. Ct. App. | 2016Background
- Letecia Bennett, long-time Tyson Poultry employee, sustained compensable bilateral carpal-tunnel syndrome in May 2012; initial bilateral surgeries were unsuccessful.
- Dr. James Kelly (treating physician after change) planned repeat releases for both wrists; he performed a repeat right release in Oct. 2013 but never performed the planned repeat left release.
- In March 2013 Bennett had a compensable right-shoulder injury; Dr. Pearce later (Apr. 2014) released her from shoulder care at MMI with 0% impairment.
- In Sept. 2014 Bennett claimed a gradual-onset injury (Apr. 1, 2014) for a right-wrist ganglion cyst and bilateral ECU tendinitis; Tyson denied compensability and she treated privately.
- The ALJ denied (1) additional medical treatment for carpal-tunnel and shoulder, (2) compensability of the cyst and tendinitis, and (3) entitlement to permanent-partial benefits based on Dr. Kelly’s 12% upper-extremity rating; the Commission adopted the decision.
- On appeal the Court of Appeals reversed as to additional medical treatment for the left carpal-tunnel syndrome (remanding), and affirmed in all other respects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to additional medical treatment for compensable bilateral carpal-tunnel syndrome | Bennett: left "redo" release remained medically necessary; left symptoms and abnormal nerve testing persisted and MMI was not reached for left wrist | Tyson/Commission: Dr. Kelly said after later evaluations there was "nothing" more he could do; no further treatment necessary | Reversed as to left wrist — remanded. Reasonable minds could not conclude the left release wasn’t still reasonable/necessary because it was planned and not performed. |
| Entitlement to additional medical treatment for compensable right-shoulder injury | Bennett: later shoulder/arm symptoms related to work injury and required further care | Tyson/Commission: Dr. Pearce released her at MMI; MRI and Dr. Kelly’s review revealed no cervical/shoulder source related to compensable injury | Affirmed. Substantial evidence supports denial; treating records show shoulder had been resolved and unrelated later complaints. |
| Compensability of right-wrist ganglion cyst and bilateral tendinitis (Apr. 1, 2014 gradual-onset claim) | Bennett: work’s rapid repetitive motion caused ECU tendinitis and contributed to ganglion cyst; Dr. Kelly so opined | Tyson/Commission: Bennett failed to prove her duties involved rapid repetitive motion (Malone two-part test) | Affirmed. Commission had substantial basis to find job duties (housekeeping/tote wash) did not show the required rapid repetitive motion. |
| Entitlement to permanent-partial disability based on Dr. Kelly’s 12% upper-extremity rating | Bennett: rating (AMA guidelines) establishes entitlement—rating tied to right-wrist ECU tendinitis | Tyson/Commission: rating pertains to noncompensable tendinitis; thus no compensable impairment supports benefits | Affirmed. Commission reasonably concluded the 12% rating was for a noncompensable condition. |
Key Cases Cited
- Jordan v. Home Depot, Inc., 430 S.W.3d 136 (Ark. Ct. App.) (review standard — substantial evidence and deference to Commission credibility findings)
- Santillan v. Tyson Sales & Distrib., 386 S.W.3d 566 (Ark. Ct. App.) (appellate standard: reverse only if reasonable minds could not reach Commission’s conclusion)
- Thompson v. Mountain Home Good Samaritan Vill., 442 S.W.3d 873 (Ark. Ct. App.) (deference to Commission on conflicting evidence)
- Hamilton v. Gregory Trucking, 205 S.W.3d 181 (Ark. Ct. App.) (Commission’s role in evaluating medical evidence and determining reasonable necessity)
- Malone v. Texarkana Pub. Schs., 969 S.W.2d 644 (Ark.) (two-part test for rapid-and-repetitive-motion occupational injuries)