Pafford Medical Billing Services, Inc. v. Smith
381 S.W.3d 921
| Ark. Ct. App. | 2011Background
- Smith, employed by Pafford as a billing assistant, alleged a work-related left elbow injury in early March 2009 while pulling a heavy bag of paper.
- She initially did not report the incident and treated it as a strained muscle; she sought medical care on March 18, 2009.
- Medical records show diagnosis of left lateral epicondylitis with restrictions; initial treatment included a brace and restrictions on lifting.
- Smith underwent two surgeries (June 22, 2009; October 26, 2009) due to persistent/elbow instability and repair failure.
- The Administrative Law Judge found a compensable injury entitling medical treatment and temporary total disability (TTD); the Workers’ Compensation Commission affirmed; Pafford appeals on sufficiency of evidence, intervening cause, and wage calculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Smith's left-elbow injury a compensable specific-incident injury? | Smith proved injury arose out of and in the scope of employment. | Pafford contends lack of identifiable time/place; credibility issues. | Yes; substantial evidence supports compensable specific-incident injury. |
| Were there objective medical findings supporting the injury? | Although some findings were subjective, operative reports showed objective pathology. | Only subjective tenderness at earlier visits; no objective imaging. | Yes; intraoperative findings provided objective evidence. |
| Was Smith entitled to temporary total disability benefits? | She remained unable to work after March 27, 2009. | Doctors released her with no restrictions; period of incapacity questioned. | Yes; substantial evidence supports TTD during the healing period. |
| Did a motor vehicle accident constitute an independent intervening cause? | Accident did not break causal link; initial injury remained primary. | Accident could have independently caused later injury if severed causal chain. | No; accident was not an independent intervening cause per controlling law. |
| How should Smith's average weekly wage be calculated? | Credible testimony and limited reliable wage records support $340/week. | Wage records show less than 40 hours; need precise calculation. | Substantial evidence supports $340 per week as average weekly wage. |
Key Cases Cited
- Edens v. Superior Marble & Glass, 346 Ark. 487 (Ark. 2001) (identity of identifiable injury fact pattern; credibility considerations discussed)
- Wal-Mart Stores, Inc. v. Van Wagner, 337 Ark. 443 (Ark. 1999) (objective findings corroborated by surgical pathology)
- Guidry v. J. & R. Eads Constr. Co., 11 Ark. App. 219 (Ark. App. 1984) (causal connection; independent intervening cause requires unreasonable activity)
- Davis v. Old Dominion Freight Line, Inc., 341 Ark. 751 (Ark. 2000) (codification of independent intervening cause; not requiring negligence)
- Hickman v. Kellogg, Brown & Root, 372 Ark. 501 (Ark. 2008) (definition of healing period and total incapacity to earn wages)