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MAXEY v. TYSON FOODS5/18/2000
ay and uses over-the-counter sleep-aids in order to ease the pain she suffers.
In short, when taking into consideration the claimant's limited education, employment skills, and her relatively advanced age, coupled with the effects of no less than six surgeries (two to the back, and four to the hands), which she underwent in an attempt to return to work, in addition to the testimony of her doctor, we are convinced that fair-minded persons with the same facts before them could not have reached the conclusion arrived at by the Commission, finding that Ms. Maxey was anything less than permanently and totally disabled. For these reasons, we hereby reversed the Full Commission's decision to reduce Ms. Maxey's disability status from permanent and total to 35 percent. Likewise, the Court of Appeals decision in Maxey v. Tyson, Inc., 66 Ark. App. 301, 991 S.W.2d 624 (1999), affirming the Full Commission, is hereby reversed. As such, the cross-appeal by the Second Injury Fund is, therefore, moot and need not be addressed, particularly since the attorney for the Second Injury Fund conceded, during oral argument of this case, that the Second Injury Fund would be liable in the event this court determined that Ms. Maxey was permanently and totally disabled.
Reversed.
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