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Columbia Health Care11/29/2000
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Appellee/cross-appellant Letha Anderson sustained a compensable injury to her back while working for appellant/cross-appellee Columbia Health Care on June 4, 1996. She received conservative treatment and reached maximum medical improvement on December 10, 1996. Thereafter, Columbia Health Care accepted as compensable a six percent permanent anatomical rating. However, Ms. Anderson sought additional compensation, including permanent and total disability benefits. After a hearing, the Workers' Compensation Commission found that Ms. Anderson had sustained fifty percent wage-loss disability, in addition to the six percent anatomical rating accepted by the appellant. Columbia Health Care now appeals, arguing that the Commission erred in awarding wage-loss disability benefits. Ms. Anderson cross-appeals, arguing that the Commission erred in failing to find her permanently and totally disabled, and in limiting her permanent anatomical rating to six percent. We affirm on appeal, and affirm on cross-appeal.
When reviewing a decision of the Worker's Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission's findings and affirm if the decision is supported by substantial evidence. High Capacity Prods. v. Moore, 61 Ark. App. 1, 962 S.W.2d 831 (1998). Substantial evidence is that evidence a reasonable mind might accept as adequate to support a conclusion. Mikel v. Engineering Specialty Plastics, 56 Ark. App. 126, 938 S.W.2d 876 (1997). A decision of the Commission is reversed only if we are convinced that fair-minded persons using the same facts could not reach the conclusion reached by the Commission. Id.
Ms. Anderson testified that she was born in 1927 and that she attended school through the fifth or sixth grade. As a result of her lack of education, she has difficulty reading and writing. She married in 1941, and has worked outside the home since that time. Ms. Anderson worked for a number of years as a maid in hotels and in private homes performing housekeeping work. She testified that she worked as a nurse's aid in a nursing home for about fifteen years prior to her injury . Ms. Anderson stated that, before her compensable injury, she had suffered one other back injury while working for the appellant, but that other than that she has never injured her back.
On June 4, 1996, Ms. Anderson was bathing a patient, and after she reached down for a towel and straightened up, she hurt her back. Ms. Anderson reported the injury to the nurse, discontinued working at the time, and has not worked since. After reporting to the emergency room that day, Ms. Anderson came under the care of Dr. Holladay, who then referred her to an orthopedic surgeon, Dr. Hilborn.
Ms. Anderson testified that her back continues to cause her pain, which extends down her left leg, and that she is unable to stand or sit for extended periods of time. She stated that as a result of her condition she can no longer perform her job as a nurse's aid. She acknowledged that she was offered a light-duty job by her employer, but stated she did not accept the job because her back and legs were bothering her, and that she had an unrelated kidney problem. Ms. Anderson also had cataract surgery on her eyes, and admitted that her other health problems contributed to her inability to return to work. She testified, "I do not know of any jobs that I could handle right now."
Elaine Smith, nursing home administrator for Columbia Health Care, testified on behalf of the appellant. She stated that Ms. Anderson's employment included patient care such as feeding, inconti
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