Willis v. Great Dane Trailers
2014 Ark. App. 547
| Ark. Ct. App. | 2014Background
- George Willis, hired July 30, 2012 by Great Dane Trailers, had a documented preexisting left-knee condition treated by Dr. Brian Dickson before employment.
- Dr. Dickson’s pre-hire records (May–June 2012) show left-knee effusion, probable and then definite medial meniscus tear, osteoarthritis, steroid injection, and a scheduled arthroscopy.
- Willis answered “no” on his pre-employment medical questionnaire to multiple questions about prior joint problems and locking knees; Great Dane later terminated him for that dishonesty.
- Willis alleges that on August 9, 2012 a 150-lb tire struck and pinned his left leg at work, causing new symptoms; a coworker gave a corroborating account, but the coworker who handled the tire testified the tire only brushed Willis and Willis continued working.
- Willis had arthroscopic surgery on December 17, 2012; Dr. Dickson later opined the need for surgery was work-related, but that opinion postdated and relied on history given by Willis.
- The Workers’ Compensation Commission denied compensability, finding Willis not credible, treating his knee problems as preexisting, and concluding he failed to prove an aggravation supported by new objective findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Willis proved a compensable aggravation of a preexisting knee condition from the August 9, 2012 incident | Willis: tire trauma exacerbated preexisting condition; Dr. Dickson’s opinion and arthroscopic findings show objective injury and causation | Great Dane: preexisting tear/arthritis already diagnosed; Willis’ credibility is impeached by false medical-history answers; causation opinion relies on Willis’ history | Commission affirmed: substantial evidence supports finding no compensable aggravation; Willis not credible and failed to prove new objective work-related injury |
| Whether the Commission erred by discounting Dr. Dickson’s causation opinion | Willis: Dr. Dickson’s medical opinion links surgery to work incident | Great Dane: physician relied on claimant’s unreliable history and preexisting diagnoses predominate | Held: Commission permissibly gave little weight to causation opinion because it depended on claimant’s discounted history and pre-surgery records showed progression before employment |
Key Cases Cited
- Pafford Medical Billing Servs., Inc. v. Smith, 381 S.W.3d 921 (Ark. Ct. App.) (elements required to prove a specific-incident compensable injury)
- Frances v. Gaylord Container Corp., 20 S.W.3d 280 (Ark.) (substantial-evidence standard and when appellate court must affirm Commission denial)
- Parker v. Comcast Cable Corp., 269 S.W.3d 391 (Ark. Ct. App.) (viewing evidence in the light most favorable to Commission; deference to Commission findings)
- Weaver v. Whitaker Furniture Co., Inc., 935 S.W.2d 584 (Ark. Ct. App.) (Commission not required to believe claimant testimony)