Jones v. Target Corp.
2017 Ark. App. 199
Ark. Ct. App.2017Background
- Appellant Rose Marie Jones fell at work on Aug. 17, 2013; parties stipulated to compensable head, neck, and low‑back injuries. She continued working and sought initial care for concussion symptoms on Aug. 20, 2013.
- Treated by Dr. Michael Morse (Sept–Nov 2013): prescribed physical therapy (24 visits); she attended six PT sessions, reported some improvement, then stopped attending and was returned to full duty without restrictions in Nov. 2013. Dr. Morse found no objective signs of a lumbar injury and saw no need for further testing while improving.
- No documented back treatment from Nov. 2013 to Mar. 16, 2015, when Dr. James Blankenship examined Jones and recommended aggressive PT, medication, referral to a specialist, and other treatment modalities.
- Employer (Target) and its HR representative testified Jones did not report ongoing back/leg problems to them after return to full duty; Jones admitted multiple motor‑vehicle accidents (some after the workplace fall) and gaps in treatment.
- ALJ denied additional medical treatment recommended by Dr. Blankenship; the Workers’ Compensation Commission affirmed. On appeal Jones argued the Commission’s decision was unsupported by substantial evidence and she needed further treatment.
Issues
| Issue | Plaintiff's Argument (Jones) | Defendant's Argument (Target/Sedgwick) | Held |
|---|---|---|---|
| Entitlement to additional medical treatment under Ark. Code § 11‑9‑508 | Blankenship’s recommendations are reasonable and necessary for persistent lumbar symptoms causally related to the 8/17/13 work injury | Jones’ symptoms improved with initial PT; gaps in care and intervening MVAs undermine causation; Blankenship’s record lacks mention of intervening accidents | Commission’s decision affirmed: Jones failed to prove treatment was reasonable, necessary, and causally related to compensable injury |
| Credibility/weight of conflicting medical evidence | Medical opinion of Dr. Blankenship should be credited over earlier providers | Dr. Morse’s contemporaneous records and lack of objective findings justify discounting Blankenship’s recommendations | Commission may resolve credibility disputes; here it favored earlier treating records and Dr. Morse’s conclusions |
| Effect of claimant’s failure to pursue/complete recommended conservative care | Jones contends employer prevented further treatment and ceased payments | Evidence shows Jones stopped PT on her own; no documentation employer denied continuation | Commission credited record that claimant discontinued PT voluntarily; claimant bears burden to prove denial of care |
| Impact of intervening events (MVAs) on causation | Jones maintains condition unchanged since workplace fall and needs treatment | Intervening MVAs not noted in Blankenship’s report and complicate causal link to workplace fall | Commission reasonably concluded causal connection to the 8/17/13 compensable injury was not established |
Key Cases Cited
- Emergency Ambulance Serv., Inc. v. Burnett, 462 S.W.3d 369 (Ark. Ct. App. 2015) (standard for viewing evidence in light most favorable to Commission)
- Cossey v. Pepsi Beverage Co., 460 S.W.3d 814 (Ark. Ct. App. 2015) (probative value of medical evidence and standard when claimant fails to meet burden)
- Univ. of Ark. Pub. Employee Claims Div. v. Tocci, 471 S.W.3d 218 (Ark. Ct. App. 2015) (employer duty to provide reasonably necessary medical treatment)
- J.B. Hunt Transp. Servs. Inc. v. Hollingsworth, 497 S.W.3d 197 (Ark. Ct. App. 2016) (reviewing Commission opinions that adopt ALJ findings)
- Shiloh Nursing & Rehab, LLC v. Lawson, 439 S.W.3d 696 (Ark. Ct. App. 2014) (Commission’s province to resolve credibility and weigh evidence)
- Howell v. Scroll Techs., 35 S.W.3d 800 (Ark. 2001) (standard when Commission denies benefits for failure to meet burden)