St. Edward Mercy Medical Center v. Howard
2012 Ark. App. 673
| Ark. Ct. App. | 2012Background
- Jimmie Howard sustained an admitted work injury Aug 18, 2010, lifting a work table, causing low-back pain radiating to the left leg.
- St. Edward Mercy Medical Center and its carrier paid medical services through Nov 15, 2010.
- Howard underwent back surgery on Nov 16, 2010, performed by Dr. Jorge Alvernia.
- Howard was off work for ten weeks after surgery, with salary paid via vacation benefits and medical bills covered by his health insurance.
- The dispute centered on the November 2010 surgery, additional medical treatment, and temporary-total disability benefits with no offset for vacation pay.
- The Workers’ Compensation Commission awarded additional medical services and TT benefits through Feb 7, 2011, which the employer appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether vacation pay offsets temporary-total disability benefits. | Howard receives full wages, so no offset is due. | Full wages during disability should offset TT benefits. | No; vacation pay is not full wages for offset purposes. |
| Whether Dr. Alvernia’s Nov. 2010 surgery was reasonably necessary. | Surgery was reasonably necessary to treat work-related aggravation. | Treatment not reasonably necessary in connection with the compensable injury. | Substantial evidence supports reasonableness and necessity of the surgery. |
| Whether Howard is entitled to TT benefits Nov 16, 2010–Feb 7, 2011. | Disability from surgery entitles TT benefits. | TT benefits should be offset or denied if not work-related. | TT benefits awarded for the period. |
Key Cases Cited
- Crosby v. Eaton Corp., 2012 Ark. App. 565 (Ark. App. 2012) (standard of review for Commission findings; substantial evidence test)
- Towler v. Tyson Poultry, Inc., 2012 Ark. App. 546 (Ark. App. 2012) (credibility and weighing of evidence; Commission as arbiter of weight)
- Lankford v. Crossland Constr. Co., 2011 Ark. App. 416 (Ark. App. 2011) (credibility and reasonableness of medical evidence; burden on employee)
- Stewart v. Arkansas Glass Container, 2010 Ark. 198 (Ark. 2010) (statutory interpretation—strict construction of workers’ compensation statutes)
- Arkansas Elec. Energy Consumers, Inc. v. Arkansas Pub. Serv. Comm’n, 2012 Ark. App. 264 (Ark. App. 2012) (deference to agency statutory interpretation; persuasive but not binding)