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UNIVERSITY OF ARK. MED. SCIENCES v. HART12/22/1997
This appeal challenges the Workers' Compensation Commission's determination that the appellee, Phyllis Hart, suffered a compensable injury. Appellants argue that the Commission's finding of a compensable injury is not supported by "objective findings" as required by Ark. Code Ann. ยง 11-9-102(5)(D) (Repl. 1996). They also argue that the Commission's finding that appellee suffered a compensable injury in the course and scope of her employment is not supported by substantial evidence. We affirm the Commission on both points.
Both issues presented by appellants question whether substantial evidence supports the Commission's finding.
In reviewing appeals from the Workers' Compensation Commission, we view the evidence and all reasonable inferences therefrom in the light most favorable to the Commission's decision and affirm that decision when it is supported by substantial evidence. Substantial evidence is that which a reasonable person might accept as adequate to support a conclusion. The Commission's decision will be affirmed unless fair-minded persons presented with the same facts could not have arrived at the conclusion reached by the Commission.
Olsten Kimberly Quality Care v. Pettey, 328 Ark. 381, 384-85, 944 S.W.2d 524, 526 (1997) (citations omitted); see City of Blytheville v.
McCormick, 56 Ark. App. 149, 939 S.W.2d 855 (1997). "The question is not whether the evidence would have supported findings contrary to the ones made by the Commission; there may be substantial evidence to support the Commission's decision even though we might have reached a different conclusion if we sat as the trier of fact or heard the case de novo." City of Blytheville, 56 Ark. App. at 152, 939 S.W.2d at 856.
In making our review, we recognize that it is the function of the Commission to determine the credibility of the witnesses and the weight to be given their testimony. Whaley v. Hardee's, 51 Ark. App. 166, 912 S.W.2d 14 (1995). The Commission has the duty of weighing medical evidence and, if the evidence is conflicting, its resolution is a question of fact for the Commission. Id. The Commission is not required to believe the testimony of the claimant or any other witness, but may accept and translate into findings of fact only those portions of the testimony it deems worthy of belief. Id.
Appellee was employed as a nursing assistant at UAMS. Her duties included clerical work, answering phones, putting out linens, and making surgical packs. At the hearing before the Administrative Law Judge, she testified that on November 15, 1995, while lifting linens she sustained a back injury causing her to experience pain in her right shoulder, neck, and upper back. There were no witnesses to the injury. She was seen at the emergency room at UAMS on November 15, and she was diagnosed with a back strain. At the time of the injury she was five and one-half months pregnant; because of her pregnancy, extensive diagnostic testing could not be performed.
Appellee was seen by Dr. Teresa Maxwell in a follow-up on November 28. The medical record indicates:
It was unclear the etiology of her pain [on November 15]. However, it appeared to be more trapezius and upper shoulder tightness.
She comes in today for follow-up, without any improvements at all.
On PE today, she is afebrile. Her VS are stable. She still walked and moved her head very slowly. Had problems sitting for any
length of time on the exam table. Said that she did better in a regular chair without support.
However, it was noted on exam that she seemed to have no problems nodding her head "yes" or "no" answering questions, than the e
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