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PATTERSON v. ARKANSAS DEPARTMENT HEALTH5/3/2000
same facts. Johnson v. Democrat Printing and Lithograph, 57 Ark. App. 274, 944 S.W.2d 138
(1997). Where the Commission denies a claim because of the claimant's failure to meet his burden of proof, the substantial-evidence standard of review requires that we affirm the Commission's decision if its opinion displays a substantial basis for the denial of relief. Buford v. Standard Gravel Co., 68 Ark. App. 162, 5 S.W.3d 478 (1999). These rules insulate the Commission from judicial review and properly so, as it is a specialist in this area; however, a total insulation would render the appellate court's function in reviewing these cases meaningless. Id.
Appellant argues that the Commission erred in finding that she had not been rendered permanently and totally disabled, because the "odd-lot" doctrine is applicable to her 1991 injury . We first note that Act 796 of 1993 abolished the odd-lot doctrine for permanent disability claims on injuries that occurred after July 1, 1993. However, because appellant's injury was sustained in 1991, the odd-lot doctrine is applicable to her case.
[4, 5] The odd-lot doctrine refers to employees who are able to work only a small amount; the fact that they can work some does not preclude them from being considered totally disabled if their overall job prospects are negligible. M.M. Cohn Co. v. Haile, 267 Ark. 734, 589 S.W.2d 600 (Ark. App. 1979). An employee who is injured to the extent that she can perform services that are so limited in quality, dependability, or quantity that a reasonably stable market for them does not exist may be classified as totally disabled. Lewis v. Camelot Hotel, 35 Ark. App. 212, 816 S.W.2d 632 (1991). If the evidence of degree of obvious physical impairment, coupled with other factors such as claimant's mental capacity, education, training, or age, places appellant prima facie in the odd-lot category, the burden should be on the employer to show that some kind of work is regularly and continuously available to the appellant. M.M. Cohn, supra. Because of appellant's total and permanent disability claim, appellee was on notice that the odd-lot doctrine was at issue. Walker Logging v. Paschal, 36 Ark. App. 247, 821 S.W.2d 786 (1992).
In the opinion that was affirmed and adopted by the full Commission, the law judge wrote:
Her testimony and the medical record shows that she did fairly well until after the last surgery, which resulted in a cerebrospinal fluid leak. In spite of extensive follow up care, which included a clot patch for the CSF leak, additional diagnostic
studies, medication, adhesiolysis, and physical therapy, the claimant experienced little relief from her difficult symptoms.
At the time of the hearing she testified that she spent most of the day in bed due to pain, by noon her legs were swollen to the knees. She further stated that she is up only about four hours a day, spends about three and a half hours in a wheel chair, and has very limited ability to walk, even with crutches. She further testified that she has foot drop in both legs and now has very intense headaches which interfere with her ability to sleep and her activities of daily living. She also described a decline in her mental acuity, which included difficulty with her memory and cognitive functions. She stated that since the last surgery she has not had an offer of employment at equivalent pay, but was instead asked to resign after she had used up her sick leave and compensatory time. She also doubted that she could handle a full time job because she could not stay up more than three or four hours without experiencing an increase in pain which makes it difficult for her to move. However, from time to time,
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