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Gaines v. SMI Joist Co.2/9/2000
mpensable injury. This appeal followed.
Gaines first argues that the Commission's conclusion that he did not suffer a compensable injury is not supported by substantial evidence. This court's standard of review in workers' compensation cases is well-established:
On appellate review of workers' compensation cases, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the findings of the Commission. We should affirm the Commission's ruling if there is any substantial evidence to support the findings made. It is the function of the Commission to determine the credibility of the witnesses and the weight to be given to their testimony. From our review of the record, we should affirm the Commission if we can find any substantial evidence to support the findings made by the Commission. Woodall v. Hunnicutt Construction, 67 Ark. App. 196, 199, 994 S.W.2d 490, 492 (1999) (citations omitted).
The "substantial evidence on the record as a whole" standard of review is inapplicable in Arkansas. Shaw v. Commercial Refrigeration, 36 Ark. App. 76, 818 S.W.2d 589 (1991).
In the present case, the Commission found that the evidence failed to establish that Gaines sustained a compensable injury on October 2, 1996. In so finding, the Commission made reference to Gaines's denial of any injury or work-related injury each time he sought medical treatment until he was diagnosed with a herniated disc that necessitated surgery. Emergency room records from October 6, 1996, reflect that Gaines denied any history of recent trauma or of lifting, and indicated that Gaines's complaints of lower-back pain were the result of recurring problems. Furthermore, the record reflects that Gaines did not seek any additional medical care for his lower-back complaints until February 5, 1997, and did not advise any medical-care provider of a work-related injury until at least April 1997, seven months after the injury allegedly occurred.
Here, the Commission gave greater weight to the medical records than to Gaines's testimony or the testimony of his co-worker. The Commission found that although the co-worker did confirm that an incident occurred, he was unable to confirm any other facts surrounding the alleged incident, and noted that he also did not speak to anyone about the incident until May 1997, when he apparently was asked to provide an affidavit. Questions of credibility and the weight to be given the evidence are exclusively within the province of the Commission. Public Employee Claims Div. v. Tiner, 37 Ark. App. 23, 822 S.W.2d 400 (1992).
Gaines also contends that he was entitled to temporary total disability benefits from April 11, 1997, through October 6, 1997. However, because we affirm the Commission's finding that Gaines failed to establish a work-related injury , it is not necessary to address this point.
Affirmed.
CRABTREE and BIRD, JJ., agree.
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