Schall v. University of Arkansas for Medical Sciences
2017 Ark. App. 50
| Ark. Ct. App. | 2017Background
- On July 11, 2009, Dianna Lynn Schall (then 41) sustained a compensable right-shoulder injury while working as a registered nurse at UAMS; she has not returned to work since.
- Schall’s employment with UAMS was terminated in January 2010 after she began receiving long-term disability benefits; she later moved to California.
- Schall holds a high-school diploma and an associate degree in nursing and had ~19 years’ RN experience (floor nurse and charge nurse).
- The ALJ originally found Schall permanently and totally disabled; the Arkansas Workers’ Compensation Commission reversed, finding no permanent total disability but awarding 35% wage-loss disability.
- The Commission based its ruling on (a) absence of any treating physician opinion that she cannot perform any gainful employment, (b) Schall’s lack of job-search efforts and perceived lack of motivation, and (c) credibility determinations rejecting her testimony about being confined to her bedroom.
- Schall appealed, arguing the Commission’s decision was not supported by substantial evidence and that her failure to seek work should not alone preclude permanent-total-disability status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Schall proved permanent and total disability (inability to earn any meaningful wage) | Schall: Her injuries render her permanently and totally disabled; not seeking work should not by itself defeat her claim | Commission/UAMS: No treating physician says she cannot work; Schall made no job-search efforts and lacks motivation — factors affecting future earning capacity | Commission’s finding supported: Schall did not prove permanent total disability; 35% wage-loss disability instead |
Key Cases Cited
- Express Human Resources III v. Terry, 968 S.W.2d 630 (Ark. Ct. App. 1998) (standard of substantial evidence review in workers’ compensation appeals)
- Pack v. Little Rock Convention Ctr., 427 S.W.3d 586 (Ark. 2013) (credibility and weight of witness testimony are for the Commission)
- St. Edward Mercy Med. Ctr. v. Chrisman, 422 S.W.3d 171 (Ark. Ct. App. 2012) (Commission’s resolution of conflicting medical opinions treated like a jury verdict)
- SSI, Inc. v. Lohman, 254 S.W.3d 804 (Ark. Ct. App. 2007) (claimant’s motivation to return to work is a factor in determining future earning capacity)
- Telling Indus. v. Petty, 378 S.W.3d 167 (Ark. Ct. App. 2010) (appellate court bound by Commission’s credibility determinations)