Pulaski Cnty. Special Sch. Dist. v. Tenner
2013 Ark. App. 569
Ark. Ct. App.2013Background
- PCSSD appeals a WC Commission award granting Tenner additional medical benefits for a compensable lower-back injury from a tire blowout on a school bus.
- ALJ found Tenner’s treatment by Dr. Ackerman reasonably necessary and causally related to the August 20, 2009 injury; Commission affirmed and adopted.
- PCSSD argues the Dr. Ackerman treatment is not causally related to the compensable injury and relates to a pre-existing condition.
- Commission rejected the sole-preexisting-condition theory, noting Tenner went 16 years without treatment for that condition before the 2009 injury, supporting a causal link.
- Court reviews for substantial evidence; the Commission’s credibility judgments and choice of medical opinions are within its exclusive province.
- Ultimately, the court affirms the Commission, holding substantial evidence supports the entitlement to additional medical treatment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there substantial evidence Tenner’s Dr. Ackerman treatment is related to the compensable injury? | Tenner contends the treatment is reasonably necessary and causally related to the 2009 injury. | PCSSD argues the treatment is unrelated to the compensable injury and reflects a pre-existing condition. | Yes; substantial evidence supports causal relation and reasonableness. |
| Did Tenner’s pre-existing condition defeat entitlement to additional medical care? | Tenner’s injury aggravated a pre-existing condition, justifying benefits. | Pre-existing condition alone should bar additional treatment. | No; the aggravation/causation finding supports continued treatment. |
| Did the Commission properly weigh medical opinions on Tenner’s care? | Ackerman’s records support care and credit should be given to his opinion. | The Commission may weight doctors differently, potentially favoring others over Ackerman. | Yes; the Commission may credit one physician over another. |
Key Cases Cited
- Jim Walter Homes v. Beard, 82 Ark. App. 607 (2003) (pre-existing condition aggravated by compensable injury not fatal to claim)
- Hickman v. Kellogg, Brown & Root, 372 Ark. 501 (2008) (employer takes employee as found; consideration of causation)
- Vijil v. Schlumberger Tech. Corp., 2013 Ark. App. 346 (2013) (causation questions for Commission to determine)
- St. Edward Mercy Med. Ctr. v. Chrisman, 2012 Ark. App. 475 (2012) (Commission’s medical-evidence determinations carry jury-like weight)
- Hawley v. First Sec. Bancorp, 2011 Ark. App. 538 (2011) (appeals court defers to Commission on credibility and medical opinions)
- Vite v. Vite, 2010 Ark. App. 565 (2010) (expert opinions accepted or rejected within Commission discretion)
- Jones v. Scheduled Skyways, Inc., 1 Ark. App. 44 (1981) (standard for reviewing Commission findings in workers’ compensation cases)
- Pack v. Little Rock Convention Center & Visitors Bureau, 2013 Ark. 186 (2013) (substantial evidence standard applied to Commission decisions)