Flynn v. Southwest Catering Co.
2010 Ark. App. 766
| Ark. Ct. App. | 2010Background
- Flynn, a waitress, claimed compensable neck and arm injuries from a December 16, 2006 incident, though initial treatment focused on a right-foot sprain.
- Southwest Catering accepted the right-foot injury and paid related medical treatment; it denied neck/arm injury benefits.
- ALJ initially found neck/arm injuries compensable and awarded TTD through an uncertain date; Commission reversed.
- On remand, the Commission again denied compensability for neck/arm injuries and denied additional TTD for the foot beyond June 16, 2007.
- Evidence included medical notes showing late-onset arm symptoms, MRI results indicating degenerative changes, and neurologist Dr. Tucker’s observations; treating physician Dr. Atta emphasized lack of objective trauma linkage.
- The appellate court reviewed for substantial evidence and affirmed the Commission’s denial of neck/arm compensability and limited TTD for the foot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether objective evidence is required to prove causation. | Flynn argues Millican requires objective causation. | Southwest Catering contends causation can be proven without exclusive reliance on objective causation. | Affirmed: causation may be proven by nonmedical evidence with objective injury presence. |
| Whether the Commission arbitrarily disregarded Dr. Tucker’s opinion. | Flynn asserts Tucker’s neurologic findings support compensability. | Commission weighed conflicting medical opinions; weight given to Atta’s findings. | Affirmed: Commission may reject or devalue medical opinions based on credibility and probative value. |
| Whether the Commission properly denied additional TTD for the foot after June 16, 2007. | Flynn contends continued TTD benefits were warranted. | Medical evidence showed recovery from the foot injury by mid-2007; no further TTD warranted. | Affirmed: substantial evidence supports cessation of TTD after June 16, 2007. |
Key Cases Cited
- Stephens Truck Lines v. Millican, 58 Ark.App. 275, 950 S.W.2d 472 (1997) (Ark. App. 1997) (relevance to causation proof standard in workers’ compensation (objective/causation framework))
- Wal-Mart Stores, Inc. v. VanWagner, 337 Ark. 443, 990 S.W.2d 522 (1999) (Ark. 1999) (standard for reviewing Commission’s factual determinations; substantial evidence rule)
- Millican, 58 Ark.App. 275, 950 S.W.2d 472 (1997) (Ark. App. 1997) (established causation proof approach in workers’ compensation context)
- Foster v. Express Personnel Servs., 93 Ark. App. 496, 222 S.W.3d 218 (2006) (Ark. App. 2006) (authority on weighing medical evidence and credibility)
- Jivan v. Economy Inn & Suites, 370 Ark. 414, 260 S.W.3d 281 (2007) (Ark. 2007) (addresses medical evidence and causation considerations)
- Green Bay Packaging v. Bartlett, 67 Ark. App. 332, 999 S.W.2d 695 (1999) (Ark. App. 1999) (illustrates weight given to conflicting medical opinions)