Multi-Craft Contractors, Inc. v. Yousey
2017 Ark. App. 143
| Ark. Ct. App. | 2017Background
- Rick Yousey suffered severe facial and skull fractures, plus other injuries, in a 2012 workplace accident while unloading equipment for Multi‑Craft Contractors. He received surgery and ongoing treatment for headaches, double/blurred vision, memory loss, sensory changes, and emotional/behavioral symptoms.
- Treating neurologist Dr. Michael Morse and neuropsychologist Dr. Richard Back attributed cognitive deficits and other symptoms to a traumatic frontal‑lobe brain injury; Dr. Back assigned a 29% whole‑person impairment for the brain injury based on testing.
- Ophthalmologist Dr. Andrew Lawton (neuro‑ophthalmology) concluded Yousey has central diplopia requiring coverage of the left eye and opined this equates to 100% loss of use of the left eye (a 25% visual‑system impairment -> 24% whole‑person under AMA Guides).
- The Workers’ Compensation Commission awarded Yousey a 29% whole‑person impairment for brain injury and a 24% whole‑person impairment for loss of vision, but denied impairment for a trigeminal (facial) nerve injury because the rating relied on subjective pain reports.
- Employer (Multi‑Craft) appealed, challenging the sufficiency of objective evidence for the brain and left‑eye impairment ratings and legal conversion of the eye rating to whole‑person impairment; Yousey cross‑appealed the denial of a trigeminal nerve rating.
Issues
| Issue | Plaintiff's Argument (Yousey) | Defendant's Argument (Multi‑Craft) | Held |
|---|---|---|---|
| Whether there are objective findings supporting a compensable brain injury and 29% whole‑person impairment | Neuropsych testing, neurologist opinion, MRI finding, pneumocephalus, and severe skull fractures support organic brain injury and 29% rating | Skull fractures, force, and testing alone are insufficient; cited findings are not objective evidence of brain injury | Reversed: insufficient objective findings to support brain‑injury impairment; Commission relied on conjecture/speculation |
| Whether left‑eye impairment constitutes a scheduled injury and proper rating | Eye is functionally lost due to central diplopia; entitled to 100% loss of use of left eye | Eye acuity and peripheral vision intact; injury should not be converted to whole‑person impairment | Affirmed as to 100% loss of use of left eye; modified to treat award as a scheduled injury (not converted to whole‑person impairment) |
| Whether trigeminal nerve (facial) injury merits permanent‑impairment rating | Trigeminal damage supports rating under AMA Guides (neuropathic pain categories) | Rating relied solely on subjective pain reports, which cannot form the basis for anatomical impairment | Affirmed denial: rating based only on pain is impermissible; substantial evidence supports denial |
| Standard for objective findings and reliance on medical opinions | Medical opinions tied to objective findings and reasonable degree of medical certainty suffice; Commission may credit evidence | Commission must not speculate; objective, measurable findings required under statute and precedent | Court reiterated statutory requirement: objective, measurable findings required; conjecture cannot substitute for proof |
Key Cases Cited
- Wayne Smith Trucking, Inc. v. McWilliams, 384 S.W.3d 561 (Ark. App.) (medical evidence must be supported by objective findings; Commission may assess impairment using AMA Guides)
- Parson v. Ark. Methodist Hosp., 287 S.W.3d 645 (Ark. App.) (neuropsychological testing alone is insufficient to establish organic brain injury via objective findings)
- Rippe v. Delbert Hooten Logging, 266 S.W.3d 217 (Ark. App.) (appellate review defers to Commission on credibility and weight; affirm if supported by substantial evidence)
- Serrano v. Westrim, Inc., 387 S.W.3d 292 (Ark. App.) (speculation and conjecture cannot substitute for evidence in workers’ compensation determinations)
- Fed. Compress & Warehouse Co. v. Risper, 935 S.W.2d 279 (Ark. App.) (eye injuries, including double vision, fall within scheduled‑injury statutes)