Redd v. Blytheville School District 5
2014 Ark. App. 575
| Ark. Ct. App. | 2014Background
- Redd, age 62, lifelong Blytheville School District employee, sustained multiple accepted injuries including a back injury.
- August 16, 2011 specific incident while helping a coworker caused a small central L4-L5 disc herniation treated conservatively.
- February 22, 2012 returned to work with restrictions: lift up to 20 pounds, no bending/twisting together, no prolonged standing or sitting beyond two hours.
- January 11, 2013 doctor limited permanent restriction to lifting no more than 20 pounds; district accommodated within restrictions; Redd retired July 2012 and began drawing retirement benefits.
- District employees testified Redd was placed with lighter duties and paid for same hours; superintendent testified Redd could have continued working if not retired; ALJ denied additional TTD and excess permanent-partial-disability.
- Commission affirmed, holding Redd was not entitled to wage-loss benefits in excess of 7% impairment because a bona fide offer of employment within restrictions existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a bona fide offer of employment within restrictions? | Redd contends no bona fide offer since job duties exceeded his capacity and pay differed, citing missing days and Keys. | District argues it offered suitable, accommodated work within restrictions with equivalent pay and hours. | Yes; substantial evidence supports a bona fide offer within restrictions, disqualifying wage-loss benefits. |
Key Cases Cited
- Wheeler Constr. Co. v. Armstrong, 73 Ark. App. 146, 41 S.W.3d 822 (2001) (substantial evidence standard of review)
- Sivixay v. Danaher Tool Grp., 359 S.W.3d 433 (Ark. Ct. App. 2009) (credibility and weight lie with the Commission)
- Wal-Mart Stores, Inc. v. Connell, 340 Ark. 475, 10 S.W.3d 882 (2000) (wage-loss factors and impairment interplay)
- Lee v. Alcoa Extrusion, Inc., 89 Ark. App. 228, 201 S.W.3d 449 (2005) (consideration of age, education, work experience in wage loss)
- Wal-Mart Associates, Inc. v. Keys, 2012 Ark. App. 559, 423 S.W.3d 683 (2012) (ban of wage-loss disability when job is beyond physical restrictions)