Foxx v. Bill's Superfoods, Inc.
2017 Ark. App. 551
| Ark. Ct. App. | 2017Background
- Harold Foxx (age 62) slipped on May 23, 2013 while pulling an ice tub at work and reported a right-leg/groin injury; he continued working through October 2014.
- Foxx had significant preexisting lumbar history: multiple prior back surgeries, ongoing disability benefits, and prior MRIs showing postoperative changes.
- After the 2013 fall Foxx later sought treatment for neck and back; cervical MRI in August 2014 showed severe multilevel degenerative disease; Dr. Abraham attributed cervical and lumbar abnormalities to the May 2013 fall.
- At the ALJ hearing Foxx testified about progressive neck/back symptoms; employer witness (co-owner Wally Orr) testified Foxx only reported groin/leg injury and worked without modification until he stopped.
- ALJ denied compensability for cervical and lumbar injuries; the Commission affirmed, giving minimal weight to Dr. Abraham’s causation opinion and finding Foxx not credible.
- Foxx sought to introduce a June 20, 2016 hip evaluation after the hearing; the Commission denied admission for lack of diligence and limited relevance. Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of post-hearing medical evidence | Foxx: new hip MRI/CT (June 2016) is relevant to evolving symptoms and could show hip, not back, source; should be admitted or case remanded. | Bill’s: evidence is untimely, not diligent, and irrelevant to litigated neck/back compensability. | Commission did not abuse discretion; denied—Foxx lacked diligence and evidence was not probative to the issues decided. |
| Compensability of cervical injury | Foxx: cervical MRI and Dr. Abraham show objective cervical pathology causally related to May 2013 fall. | Bill’s: cervical degeneration preexisted; no objective link to May 2013 fall; Foxx delayed reporting and treatment. | Substantial evidence supports denial; Commission gave minimal weight to Dr. Abraham and found no causal link. |
| Compensability of lumbar injury | Foxx: post-accident progression, new symptoms (radiation, burning), and MRIs support aggravation/new objective lumbar injury. | Bill’s: preexisting postoperative changes and continuous prior treatment; complaints of tenderness/pain are not objective findings. | Denied—Commission reasonably found evidence failed to show compensable objective lumbar injury or causal relation to May 2013. |
| Weight/credibility of medical testimony | Foxx: ALJ/Commission improperly disregarded Dr. Abraham without adequate explanation. | Bill’s: Commission may weigh and reject medical opinions inconsistent with record. | Held: Commission may discount physician opinions; its resolution of conflicting medical evidence and credibility determinations are supported by substantial evidence. |
Key Cases Cited
- Rodriguez v. M. McDaniel Co., Inc., 98 Ark. App. 138, 252 S.W.3d 146 (2007) (tenderness is not an objective finding establishing injury)
- Blevins v. Safeway Stores, 25 Ark. App. 297, 757 S.W.2d 569 (1988) (Commission is the trier of fact in workers’ compensation cases)
- Murphy v. Forsgren, Inc., 99 Ark. App. 223, 258 S.W.3d 794 (2007) (credibility and weight of testimony are for the Commission)
- Minnesota Mining & Mfg. v. Baker, 337 Ark. 94, 989 S.W.2d 151 (1999) (Commission’s weighing of medical evidence reviewed for substantial evidence)
- Haygood v. Belcher, 5 Ark. App. 127, 633 S.W.2d 391 (1982) (standards for admitting newly discovered evidence)
- Coleman v. Pro Transp., Inc., 97 Ark. App. 338, 249 S.W.3d 149 (2007) (Commission’s broad discretion on evidence admission)
- St. Joseph’s Mercy Med. Ctr. v. Redmond, 388 S.W.3d 45 (Ark. App. 2012) (diligence requirement for late evidence)
- Wayne Smith Trucking v. McWilliams, 384 S.W.3d 561 (Ark. App. 2011) (late evidence denied when movant lacks diligence)
- Schall v. Univ. of Ark. for Med. Scis., 510 S.W.3d 302 (Ark. App. 2017) (standard of review: substantial evidence, view evidence favoring Commission)
- Pafford Med. Billing Servs., Inc. v. Smith, 381 S.W.3d 921 (Ark. App. 2011) (complaints of pain/tenderness are not objective findings)
- Cooper v. Hiland Dairy, 69 Ark. App. 200, 11 S.W.3d 5 (2000) (challenge to Commission’s rejection of medical opinion)
Disposition: Commission affirmed; Foxx’s claims for compensable cervical and lumbar injuries denied; post-appeal hip report not admitted.