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COOPER v. HILAND DAIRY2/23/2000
Michael Cooper appeals a decision of the Workers' Compensation Commission, which denied his claim for benefits. The Commission found that Cooper failed to prove by a preponderance of the evidence that he sustained a compensable injury. On appeal, Cooper argues that: (1) there is not substantial evidence to support the Commission's decision; and (2) the Commission's reversal of the Administrative Law Judge, who saw and heard the witnesses, based on credibility of the witnesses constitutes the denial of due process and fundamental fairness under the United States and Arkansas Constitutions. We agree that there is not substantial evidence to support the Commission's decision, and reverse and remand for an award of benefits, and do not address Cooper's constitutional argument.
Michael Cooper was hired by Hiland Dairy as a milk processor, where he had worked as a night supervisor for about twelve years. Cooper testified that on November 14, 1996, an overhead
hopper jammed causing empty milk cartons to back up, which required him to hurriedly climb a ladder to unjam the hopper. According to Cooper, the ladder was "awkward"; he could not ascend or descend in an upright manner, but instead had to duck or jerk himself up. After descending the ladder, he stated that he felt stiffness in his back and when he stretched his back to loosen the stiffness, he felt sudden pain in his back and stinging in his legs.
Cooper stated that the injury occurred on a Friday night about 1:00 a.m. and he was going home at 1:30 a.m. so he did not call his supervisor, Danny Spradling, and wake him up to report the injury. On the following Monday, Cooper saw a chiropractor who told him he needed to see a physician. Cooper first saw a physician, Dr. Cole, on December 2, 1996. Dr. Cole referred him to Dr. Landherr, a neurosurgeon, who first saw Cooper on December 17, 1996. Cooper was diagnosed as having a herniated thoracic disc and, after Cooper's legs became increasingly paralyzed, Dr. Landherr performed a surgical laminectomy on February 5, 1997. Cooper had approximately three months of temporary total disability and was assigned a nine percent permanent physical impairment to the body as a whole.
The Administrative Law Judge ("ALJ") determined that Cooper's back injury was compensable and ordered Hiland Dairy to pay for all reasonable and necessary medical expenses, temporary total disability benefits from December 15, 1996, through March 16, 1997, permanent physical impairment benefits in the amount of nine percent to the body as a whole, and attorney's fees. Hiland Dairy appealed the decision of the ALJ to the Full Commission as to all issues, and Cooper cross-appealed as to the percentage of the permanentphysical impairment assessment. The Commission found that because Cooper's testimony was not credible as to how the injury occurred, he failed to prove by a preponderance of the evidence that he sustained a compensable injury. This appeal followed.
We first consider Cooper's argument that there is not substantial evidence to support the Commission's decision. The Commission based its decision solely on the fact that Cooper reported to his supervisor, Danny Spradling, that his pain commenced while he was "just stretching" and that he likewise told his medical providers
that he felt the onset of pain while "stretching," and when "raising arms over head and stretching." The Commission stated:
Consistently absent from each of these reports of injury is an indication that claimant was working or performing employment services at the time he stretched and developed an acute onset of pain. It was not until after claimant's claim for benefits was denied and after he
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