Pack v. Little Rock Convention Center & Visitors Bureau
2013 Ark. 186
| Ark. | 2013Background
- David Pack, brain-injury employee, sought workers’ comp and nursing-care benefits from employer Little Rock Convention & Visitors Bureau after a 1991 injury.
- Commission found injury compensable but denied nursing services; Court of Appeals affirmed Pack I’s denial of nursing services.
- ALJ later awarded nursing services for Timber Ridge; Commission reversed, finding Timber Ridge not nursing services.
- This Court granted review in 2012, applying liberal construction of the workers’ compensation act as of 1991.
- Record showed Timber Ridge provided 24/7 brain-injury–specialized care, with medical staff and a structured care plan.
- Court held Timber Ridge nursing services were compensable; reversed and remanded; special justices joined.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Timber Ridge services qualify as nursing services under §11-9-508(a). | Pack contends Timber Ridge provides nursing services. | Employer argues Timber Ridge offers custodial/household tasks not nursing. | Timber Ridge services are nursing services. |
Key Cases Cited
- Dresser Minerals v. Hunt, 262 Ark. 280 (Ark. 1977) (nursing services extend beyond custodial care; includes tending to a sick person)
- Pickens-Bond Constr. Co. v. Case, 266 Ark. 323 (Ark. 1979) (nursing services may include certain caregiving activities beyond basic custodial tasks)
- J.P. Price Lumber Co. v. Adams, 258 Ark. 630 (Ark. 1975) (custodial care considered where rehabilitation may be appropriate)
- Sisk v. Philpot, 244 Ark. 79 (Ark. 1968) (parental care can be compensable nursing services in mental/physical helplessness)
- Hudak-Lee v. Baxter Cnty. Reg’l Hosp., 2011 Ark. 31 (Ark. 2011) (substantial-evidence standard; review limited to Commission result)
- Aluminum Co. of Am. v. McClendon, 259 Ark. 675 (Ark. 1976) (definition of substantial evidence; evidence must compel conclusion)
- Cedar Chem. Co. v. Knight, 372 Ark. 233 (Ark. 2008) (credibility determinations reserved to Commission)
- Pine Bluff Parks & Recreation v. Porter, — (Ark. App. 1982) (cited for custodial vs. nursing distinction (contextual))