Walker v. United Cerebral Palsy of Arkansas
2013 Ark. App. 153
Ark. Ct. App.2013Background
- Walker sustained a compensable July 15, 2000 lumbar spine injury while assisting a patient from a wheelchair.
- Initial treatment indicated no permanent injury; she was released to normal activities after about three weeks.
- From late 2000 to 2005, medical consensus attributed remaining pain to degenerative changes rather than the work injury.
- In 2005, Dr. Collins assigned an eleven-percent impairment rating; she did not receive further treatment from him until 2011.
- In 2010 she sought gym membership and mileage reimbursement, later seeking additional medical treatment; Dr. Peeples advised resuming activities and questioned ongoing treatment.
- The Commission denied benefits in 2010; the ALJ awarded additional treatment in 2012, but the Commission reversed; the appellate court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to additional medical treatment | Walker contends treatment by Collins is reasonably necessary. | Walker failed to prove medical necessity by a preponderance. | Affirmed: no substantial basis for entitlement to additional treatment. |
| Impact of Dr. Peeples' opinion on law of the case | Peeples undermines the law-of-the-case finding and causation. | Peeples' opinion appropriately weighs against continuing treatment. | Affirmed: Peeples' opinion correctly weighed; law-of-the-case not re-evaluated. |
| Causal relationship between current symptoms and the 2000 injury | Current pain reflects work-related injury; ongoing treatment warranted. | Current symptoms are degenerative and unrelated to the 2000 injury. | Affirmed: substantial evidence shows degenerative disease—not the 2000 injury—drives symptoms. |
Key Cases Cited
- Johnson v. Latex Constr. Co., 94 Ark.App. 431 (2006) (substantial-evidence standard for affirming Commission findings)
- Minnesota Mining & Mfg. v. Baker, 337 Ark. 94 (1999) (precedent on standard of review)
- Wal-Mart Stores, Inc. v. VanWagner, 337 Ark. 443 (1999) (causation may be established without objective trauma for workers’ compensation)
- Arbaugh v. AG Processing, Inc., 360 Ark. 491 (2005) (credibility and weight determinations are appellate-fact questions)
- Cottage Cafe, Inc. v. Collette, 94 Ark.App. 72 (2006) (appellate review of medical-witness credibility and weight)