Bio-Tech Pharmacal, Inc. v. Blouin
2010 Ark. App. 714
| Ark. Ct. App. | 2010Background
- Blouin worked for Bio-Tech Pharmacal, Inc. for about five years and suffered a work-related injury in November 2004 while dismantling a desk.
- AIG initially paid benefits as Bio-Tech’s purported workers’ compensation insurer, but later disputes arose about coverage after Bio-Tech’s policy lapsing.
- The ALJ entered a June 2007 prehearing order stipulating compensability of Blouin’s injury; a January 2008 order found Bio-Tech liable because coverage had lapsed.
- At an October 2008 hearing, issues litigated were Blouin’s entitlement to permanent-partial-disability benefits (including wage-loss) and attorney’s fees; compensability was treated as settled.
- The Commission affirmed the ALJ, rejected Bio-Tech’s Seventh Amendment challenge, and the case proceeded on wage-loss and impairment determinations.
- Blouin and Bio-Tech both challenged the wage-loss award and impairment rating on appeal; the court upheld the Commission’s determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compensability of Blouin’s injury final despite later stipulations | Blouin | Bio-Tech | Compensability is binding; res judicata controls. |
| Adequacy of the 7% impairment rating | Blouin | Bio-Tech | Substantial evidence supports 7% PPD rating. |
| Appropriateness of the 3% wage-loss award | Blouin | Bio-Tech | Substantial evidence supports 3% wage-loss disability. |
| Seventh Amendment challenge preserved and merited review | Blouin | Bio-Tech | Seventh Amendment challenge rejected; not applicable to state proceedings. |
Key Cases Cited
- Walker v. Cooper Auto., 104 Ark.App. 175 (Ark. App. 2008) (standard for reviewing Commission findings; deference to Commission)
- Fayetteville Sch. Disk v. Kunzelman, 93 Ark.App. 160 (Ark. App. 2005) (when reviewing if Commission decision; adoption of ALJ’s opinion)
- Nestle, USA, Inc. v. Drone, 2009 Ark. App. 311 (Ark. App. 2009) (de novo review of questions of law)
- Finley v. Farm Cat, Inc., 103 Ark.App. 292 (Ark. App. 2008) (preservation of constitutional arguments on appeal)
- Taggart v. Mid Am. Packaging, 2009 Ark. App. 335 (Ark. App. 2009) (factors for wage-loss disability beyond impairment)
- Averitt Express, Inc. v. Gilley, 104 Ark.App. 16 (Ark. App. 2008) (support for considering multiple factors in PPD awards)