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Fielding v. Firestone Bulding Products5/17/2000
ain "began on April 1 of this year when he picked something up at work." Appellant underwent surgery for a C6-7 anterior cervical diskectomy and fusion in January of 1999.
At a hearing before the administrative law judge, appellant contended that his May 4, 1998, injury was compensable and that he was entitled to temporary total disability, medical benefits related to his injury, and attorney's fees. Appellee contended that appellant did not suffer a compensable injury while in its employ, and contended in the alternative, that if appellant sustained a compensable injury, then no benefits should be owed prior to appellant reporting the alleged injury to appellee. In finding that appellant's back or neck injury was not compensable, the ALJ found that Betty Guidey and Tim Allen's testimony, to some extent, was replete with inconsistencies. The ALJ found that Guidey failed to indicate that when she contacted appellee on subsequent occasions following the injury, she did not inform appellee of the reason for appellant's absence from work. He found that Allen's testimony, standing alone, would have supported appellant's claim of a compensable injury suffered during the course of appellant's employment with appellee, but noted that appellant's testimony was inconsistent with testimony presented by appellee as well as the medical evidence presented. The full Commission affirmed and adopted the ALJ's opinion.
On appellate review of workers' compensation cases, the appellate court views the evidence and all reasonable inferences deducible therefrom in the light most favorable to the findings of the Workers' Compensation Commission and will affirm the Commission's ruling if there is any substantial evidence to support the findings made. Beaver v. Benton County, 66 Ark. App. 153, 991 S.W.2d 618 (1999). Substantial evidence is that relevant evidence which a reasonable mind might accept as adequate to support a conclusion. Patterson v. Frito Lay, Inc., 66 Ark. App. 159, 992 S.W.2d 130 (1999). If reasonable minds could reach the Commission's conclusion, its decision must be affirmed. Min-Ark Pallet Co. v. Lindsey, 58 Ark. App. 309, 950 S.W.2d 468 (1997).
It is the exclusive function of the Workers' Compensation Commission to determine the credibility of witnesses and the weight to be given their testimony. Williams v. Prostaff Temporaries, 64 Ark. App. 128, 979 S.W.2d 911 (1998). Once the Commission has made its decision on issues of credibility, the appellate court is bound by that decision. Express Human Resources III v. Terry, 61 Ark. App. 258, 968 S.W.2d 630 (1998).
In this case, the Commission found that the testimony of David Glass, Joe Brewer, Charles Copper, and Wilma Petit was more convincing than testimony presented by appellant and his witnesses. Most of appellee's witnesses testified that they were never informed of a work- related injury suffered by appellant on May 4, 1998, and others testified that appellant did not give notice of his injury until July of 1998. Wilma Petit testified that appellee's timecard did not show that appellant had performed any work duties during the week of May 4. Further, the medical evidence did not reveal that appellant suffered a specific injury at the time appellant alleged he was injured while being employed with appellee.
Based on the evidence presented, we conclude that there was substantial evidence to support the Commission's finding that appellant failed to prove that his back or neck injury was compensable.
Affirmed.
Pittman and Hart, JJ., agree.
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