Towler v. Tyson Poultry, Inc., 2012 Ark. App. 546

Towler sustained a compensable low-back injury on April 9, 2008 while working for Tyson Poultry, Inc.; Tyson paid medical treatment through July 9, 2010 and temporary total disability (TTD) benefits from February 16 to March 9, 2010.
Towler sought additional medical benefits after July 9, 2010 for back surgeries by Dr. James Blankenship (August 18, 2010 and December 15, 2010) and requested TTD beyond March 9, 2010.
The Workers’ Compensation Commission denied the additional medical benefits as not reasonably necessary and denied further TTD on the basis that the healing period ended by March 9, 2010.
Towler argued the post-July 9, 2010 treatments were reasonably necessary in connection with the compensable injury and that the 2010 surgeries were related.
The court reviewed for substantial evidence; it credited Dr. Hronas’s opinion that the January 2010 disc protrusion represented a new injury unrelated to the 2008 fall, and affirmed the denials and the lack of attorney’s fees award.
The final judgment affirmed the Commission’s denial of additional workers’ compensation benefits and fees.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Towler was entitled to additional medical benefits after July 9, 2010.	Towler argues post-2010 back surgeries were reasonably necessary and related to the compensable injury.	Tyson contends post-2010 treatment was not causally connected to the compensable injury and not reasonable.	No; substantial evidence supports denial of post-2010 medical benefits.
Whether Towler is entitled to temporary total disability beyond March 9, 2010.	Towler contends healing period extended due to ongoing treatment and disability.	Defendant argues healing period ended by March 9, 2010 and continued treatment was unrelated.	No; substantial basis to find healing period ended and no entitlement to further TTD.
Whether Towler is entitled to attorney’s fees under Ark. Code Ann. § 11-9-715.	Towler would be entitled to fees if entitlement to benefits were proved.	Because benefits were denied, fees are not warranted.	Affirmed denial of attorney’s fees.

Walgreen Co. v. Goode, 395 S.W.3d 398 (Ark. 2012) (substantial evidence standard applies to Commission findings)
Engle v. Thompson Murray, Inc., 239 S.W.3d 561 (Ark. App. 2006) (Commission as ultimate arbiter of weight and credibility; standard of review)
Baxter v. Union Standard Ins. Co., 413 S.W.3d 561 (Ark. App. 2012) (Commission's resolution of conflicting medical evidence has jury-like effect)