Marten Transport, Ltd. v. Morgan
2017 Ark. App. 608
| Ark. Ct. App. | 2017Background
- Kevin Morgan, a Marten Transport truck driver, tripped over a pallet and fell while making a delivery on November 7, 2015; he reported the incident to dispatch and sought medical care the next day.
- Initial ER note cleared Morgan to return to work on 11/9/15; he worked briefly, was later removed due to broken glasses/ CDL restriction, then reported back problems and was taken off work by his family physician starting 11/23/15.
- MRI reviewed by neurosurgeon Dr. Michael Calhoun (IMEs) revealed disc herniations which he initially attributed to the fall and opined Morgan had not reached maximum medical improvement.
- Marten Transport conducted surveillance (April 4, 2016) showing Morgan boating and driving; after reviewing a DVD, Dr. Calhoun revised work-restriction opinions (removing walking/standing limits) though he did not expressly state the healing period had ended.
- The administrative law judge found a compensable injury and awarded temporary total disability (TTD); the Workers’ Compensation Commission affirmed compensability but limited TTD to no later than April 28, 2016 (the date of Dr. Calhoun’s revised opinion).
Issues
| Issue | Plaintiff's Argument (Morgan) | Defendant's Argument (Marten) | Held |
|---|---|---|---|
| Whether Morgan suffered a compensable injury at work | Fall caused objective physical injury (MRI, physician findings); compensable. | Prior back history and ability to drive/work shortly after the fall undermine compensability. | Compensable injury affirmed—substantial evidence (MRI, clinic notes, doctor opinions) supports causation and objective findings. |
| Whether objective findings establish compensability under Ark. workers’ comp law | Objective findings (MRI herniations, documented radicular signs, muscle spasm) meet statutory requirement. | Argued pain/tenderness and prior history are non-objective or preexisting, so not compensable. | Commission credited objective medical evidence and rejected the contrary inferences; compensability upheld. |
| Whether Morgan’s healing period had ended by April 28, 2016 | Healing period had not ended (Dr. Calhoun initially said not at MMI; family doc kept him off work). | Surveillance + Dr. Calhoun’s revised April 28 opinion removing walking/standing restrictions show healing ended by that date. | Commission’s finding that healing ended no later than April 28, 2016 is supported by substantial evidence and is affirmed. |
| Whether Commission properly weighed conflicting medical evidence | Commission should not speculate beyond doctors’ express statements about MMI. | Commission may weigh credibility and reconcile medical opinions in light of surveillance and record. | Commission acted within its fact‑finding role; credibility and weight decisions are entitled to deference. |
Key Cases Cited
- Patterson v. Frito‑Lay, Inc., 66 Ark. App. 159, 992 S.W.2d 130 (App. Ark. 1999) (Commission decides witness credibility and resolves evidentiary conflicts)
- Minn. Mining & Mfg. v. Baker, 337 Ark. 94, 989 S.W.2d 151 (1999) (Commission’s weighing of medical evidence is binding)
- Mad Butcher, Inc. v. Parker, 4 Ark. App. 124, 628 S.W.2d 582 (App. Ark. 1982) (healing period ends when condition stabilizes and nothing further will improve it)