Wall Farms, LLC v. Hulsey
2017 Ark. App. 624
| Ark. Ct. App. | 2017Background
- Employee Jeff Hulsey suffered two workplace incidents in 2014: a fall from a spray rig on April 23 and a separate jerking injury while bush hogging on August 14.
- Hulsey delayed care after the April incident (saw a chiropractor on May 19) but sought treatment the same day as the August incident; the August exam documented paralumbar muscle spasms and an August 18 MRI showed L3–L4 and L4–L5 bulges and an L5–S1 herniation.
- Liberty Mutual insured Wall Farms on April 23; Riverport insured Wall Farms on August 14. Both carriers controverted Hulsey’s claims.
- The Workers’ Compensation Commission found no compensable injury on April 23 (insufficient objective medical findings) but found the August 14 injury compensable and assigned liability to Riverport; it awarded medical benefits and temporary total disability (TTD) from October 6, 2014 through November 6, 2014.
- Wall Farms and Riverport appealed the compensability and sufficiency findings; Hulsey cross-appealed the limitation of TTD to one month.
- The Court of Appeals affirmed the Commission on direct appeal and on cross-appeal.
Issues
| Issue | Plaintiff's Argument (Hulsey) | Defendant's Argument (Wall/Riverport/Liberty) | Held |
|---|---|---|---|
| Whether Hulsey proved a compensable injury on April 23, 2014 | Hulsey: testified to the fall; medical records document prior complaint; owner corroborated report — supports compensability on April 23 | Appellants: lack of objective medical findings causally tied to April 23; chiropractic note of "hypo" lordosis insufficient | Held: No compensable injury on April 23 — Commission reasonably found no objective medical evidence causally linking the April event to injury |
| Whether Hulsey proved a compensable injury on August 14, 2014 | Hulsey: immediate treatment same day; objective findings (paralumbar muscle spasm), MRI abnormalities, worsening symptoms and disability | Appellants: argue records reference an earlier fall and dispute causation/which incident caused objective findings | Held: Compensable injury on August 14 — objective findings (muscle spasm) and contemporaneous care support compensability and causation |
| Which insurer is liable for benefits | Hulsey: benefits tied to the compensable event date (Aug 14) hence Riverport (insurer at that time) liable | Appellants: contend April incident was compensable (Liberty liable) and Aug 14 not compensable | Held: Riverport liable for benefits arising from the August 14, 2014 compensable injury |
| Scope/duration of temporary total disability (TTD) benefits | Hulsey: remains in healing period; entitled to continuing TTD beyond Nov 6, 2014 | Appellants: only doctor’s off-work note covers Oct 6–Nov 6; no medical opinion supports incapacity after Nov 6 | Held: TTD limited to Oct 6–Nov 6, 2014 — Commission reasonably relied on the sole medical off-work slip and absence of evidence of incapacity thereafter |
Key Cases Cited
- Evans v. Bemis Co., Inc., 374 S.W.3d 51 (Ark. Ct. App.) (standard of review for Workers’ Compensation Commission findings)
- Continental Express, Inc. v. Freeman, 4 S.W.3d 124 (Ark.) (muscle spasm is an objective finding supporting compensability)
- Estridge v. Waste Management, 33 S.W.3d 167 (Ark.) (spine straightening/loss of lordosis may be objective finding when tied to muscle spasm and treatment)
- Fred’s Inc. v. Jefferson, 206 S.W.3d 238 (Ark.) (objective findings when muscle spasm documented and treated, supporting compensability)
- Hickman v. Kellogg, Brown & Root, 277 S.W.3d 591 (Ark.) (claimant bears burden to prove continued healing period for TTD)