Flynn v. J.B. Hunt Transportation
2012 Ark. App. 111
Ark. Ct. App.2012Background
- Flynn appeals a Workers’ Compensation Commission ruling that his alleged back injury was not compensable.
- ALJ found injury proven by medical evidence but not shown to arise out of/in the course of employment; Commission affirmed.
- Hearing held April 5, 2010; Feb. 2009 steering-column incident alleged as causative, with Feb. 2–5, 2009 events leading to medical treatment.
- Flynn testified about truck defects, prior back problems, and accumulation of workplace stressors; medical records reveal histories that varied and emphasized a steering-wheel incident only later.
- Medical opinions (Dr. Snider, Dr. Clarke) tied injury to lumbar pathology; Flynn’s credibility challenged by contradictory histories and multiple employment conflicts; termination occurred after February 2009 complaints.
- Question on causation centered on whether the injury arose out of and in the course of employment; the Commission weighed witness credibility and inferred causation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Arising-out-of and in-the-course-of-employment causation | Flynn (plaintiff) contends injury stemmed from work conditions. | Hunt (defendant) argues histories to medical providers undermine causation. | Affirmed; substantial evidence supports no compensable injury. |
| Credibility and consistency of medical histories | Flynn claims histories to doctors support work-related cause. | Record shows inconsistencies; credibility within Commission’s province. | Affirmed; credibility determinations supported by substantial evidence. |
| Sufficiency of medical evidence linking specific incident to injury | Medical opinions tied to Flynn’s employment-related activities. | Opinions rely on Flynn’s histories; histories conflict with records. | Affirmed; medical evidence failed to prove causal link. |
Key Cases Cited
- Gencorp Polymer Prods. v. Landers, 36 Ark.App. 190 (1991) (causal inference in workers’ compensation cases)
- Continental Express v. Harris, 61 Ark. App. 198 (1998) (uncontradicted evidence from interested party not presumed credible)
- Long v. Wal-Mart Stores, Inc., 98 Ark.App. 70 (2007) (credibility of witnesses within Commission's exclusive province)