Packers Sanitation Services, Inc. v. Quintanilla
2017 Ark. App. 213
| Ark. Ct. App. | 2017Background
- Cecilia Quintanilla, an undocumented worker using an alias, slipped into an uncovered drain while cleaning a production line for Packers on May 7, 2015, injuring her left shoulder (also complained of neck and hip pain).
- She reported the accident, sought ER care five days later (treated with pain meds, sling, orthopedics referral), and had restricted one-handed work before being terminated after Packers discovered her false identity.
- MRI showed an acromial spur with inflammation and probable focal tendinopathy; one physician opined work activities aggravated a preexisting condition; another later found no permanent impairment at MMI.
- The ALJ denied compensability and additional medical benefits for shoulder, neck, and hip; the Workers’ Compensation Commission reversed as to the shoulder and awarded temporary total-disability (TTD) benefits through MMI.
- Packers appeals, contesting (1) that objective findings support a compensable shoulder injury and (2) that Quintanilla’s undocumented status precludes TTD benefits because federal law effectively barred her from working.
Issues
| Issue | Quintanilla's Argument | Packers' Argument | Held |
|---|---|---|---|
| Compensable shoulder injury — objective findings | ER/orthopedist care, limited ROM, MRI inflammation show objective findings and injury at work | ER entries are billing descriptors and pain complaints are not objective; MRI shows preexisting spur, not new injury | Commission reasonably found objective findings (ER treatment, limited ROM, MRI inflammation) and could credit opinion that work aggravated preexisting condition; compensable injury affirmed |
| Preexisting spur vs. aggravation | Aggravation of preexisting condition by work is compensable | Pain stems from preexisting spur, not compensable injury | Aggravation rule applies; employer takes employee as found, aggravation compensable; Commission entitled to resolve medical conflicts |
| Entitlement to TTD during healing period | Injured and incapable of performing one-handed work; no suitable one-handed duty available — entitled to TTD until MMI | Even if injured, federal immigration status precludes lawful work, so inability to earn is not caused by injury; employer should not pay TTD | Arkansas statute defines "employee" to include unlawfully employed persons; termination for discovery of immigration status does not bar TTD; awarded May 8–Aug 27, 2015 |
| Relevance of undocumented status | Status irrelevant under Arkansas law; benefits depend on compensable injury and incapacity to earn | Undocumented status is the reason claimant cannot work after termination, so employer not liable for TTD | Court rejects immigration status as a defense; only legislature can limit scope; employer’s discovery/termination doesn’t negate compensable disability |
Key Cases Cited
- Towler v. Tyson Poultry, Inc., 423 S.W.3d 664 (Ark. Ct. App.) (substantial-evidence standard and Commission as factfinder)
- Pafford Med. Billing Servs., Inc. v. Smith, 381 S.W.3d 921 (Ark. Ct. App.) (complaints of pain alone are not objective findings)
- Oliver v. Guardsmark, Inc., 3 S.W.3d 336 (Ark. Ct. App.) (aggravation of preexisting condition is compensable)
- Tyson Poultry, Inc. v. Narvaiz, 388 S.W.3d 16 (Ark.) (termination by employer does not automatically bar disability benefits)
- Ark. Highway & Transp. Dep’t v. Breshears, 613 S.W.2d 392 (Ark.) (definition and measure of temporary total disability)
- Mad Butcher, Inc. v. Parker, 628 S.W.2d 582 (Ark. Ct. App.) (definition and duration of healing period)