Best Western Inn & Union Insurance of Providence v. Paul
2014 Ark. App. 520
Ark. Ct. App.2014Background
- Best Western Inn and Union Insurance appeal a Workers’ Compensation Commission decision finding Christina Paul was performing employment services at the time of injury.
- Injury occurred September 13, 2012 when Paul slipped on water while walking to the laundry room from a hotel room.
- Paul testified she went to the laundry room to obtain towels and was carrying food to place in the refrigerator; she denied the food was for personal use.
- Hotel manager and other staff witnessed the fall; witnesses testified it was not part of Paul’s job to carry food to the refrigerator.
- The ALJ awarded additional medical treatment (MRI) and the Commission affirmed, concluding Paul was performing employment services.
- Appellants contest both the compensability finding and the MRI award, arguing lack of substantial evidence and improper medical necessity analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Paul performing employment services at the time of the injury? | Paul acted to fulfill employer’s purpose (towels); carrying food was incidental. | She was carrying food for personal use, not performing employment services. | Yes; substantial evidence supports employment-services finding. |
| Is the MRI and related medical treatment reasonably necessary for the compensable injury? | MRI needed to assess potential ACL re-tear and extent of new injury. | Evidence showed only a knee sprain related to longstanding issues; MRI not justified. | Yes; substantial evidence supports MRI as reasonably necessary. |
Key Cases Cited
- Honeysuckle v. Curtis H. Stout, Inc., 368 S.W.3d 64 (Ark. 2010) (substantial evidence standard; defer to Commission on fact-finding)
- Jonesboro Care & Rehab Ctr. v. Woods, 2010 Ark. 482 (Ark. 2010) (test for employment services mirrors course-and-scope standard)
- Nabholz Constr. Co. v. Gates, 255 S.W.3d 905 (Ark. App. 2010) (medical evidence weighed by the Commission)
- Hill v. Baptist Med. Ctr., 57 S.W.3d 735 (Ark. 2001) (weight given to medical opinions in workers’ comp)