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HAPNEY v. RHEEM MANUFACTURING COMPANY9/14/2000
n rate impairments and diagnose patients in terms of spinal injuries, instead of back or neck injuries. Does that mean that a claimant who is diagnosed with an injury to the L1-L5 region of the spine may not recover under Ark. Code Ann. ยง 11-9-102(4)(A)(ii)(b) because the doctor did not diagnose the claimant
with a "back injury "? Such a result is highly doubtful. Moreover, in light of the rigid standard applicable to a doctor's opinion in these types of cases, the fact that the Guides is relied on by doctors in determining impairment is of utmost importance. Determining impairment and proving compensability are two different things, but they are certainly intertwined. Accordingly, the distinction made by the Commission and now accepted by this court is without merit.
Finally, the majority states that recognized medical definitions have clearly defined the "back" as "being below the neck or from the neck to the pelvis." It is interesting that the majority's chosen definition is self-contradictory. Contrary to how the majority may interpret the definition, those authorities defining the back in a manner that means "from the neck" clearly mean that the neck is the beginning point for the back. The word "from" is consistently defined as: "used as a function word to indicate a starting point." See Webster's Third New International Dictionary 913 (1981); Black's Law Dictionary 668 (6th ed. 1990). Thus, when the back is defined as being from the neck, such a definition clearly means that the starting point for the back is the neck.
The Commission's determination that this injury was not compensable because it was a "neck injury" as opposed to a "back injury" is simply another example of how the Commission denies compensable claims that are obviously compensable on some absurd technical ground. Unfortunately, this court, under the guise of strict construction, is allowing the Commission to prevail, even though it is clearly wrong.
I respectfully dissent.
Thornton, J., joins.
Page 1 2 3 4 5 Arkansas Personal Injury Attorneys
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