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Magnet Cove School District v. Henderson2/16/2005
old at the time of the hearing and had worked with appellant as a cook for twelve years and had worked as a cook for two years with other employers. She testified that she had completed the eleventh grade but did not complete her high school education. She went to Pines Vo-Tech for eighteen months in clerical and office work. According to her functional-capacity evaluation, however, not even sedentary work was recommended. Given her age, education, work experience, and the results of her functional-capacity evaluation, the Commission's decision was supported by substantial evidence.
Next, appellant argues that the Commission erred in failing to apportion any of the wage-loss disability benefits to the Second Injury Fund. Appellant challenges the Commission's finding that appellant failed to prove by a preponderance of the evidence that Henderson's pre-existing condition combined with her compensable injury to produce her current disability status. Appellant notes Henderson's pre-existing medical diagnosis, atrial fibrillation and sick-sinus syndrome requiring the implantation of a pacemaker and medication. Also, appellant points out that Henderson had arthritis in her hands and her knee. Further, appellant observes that prior to her injury, Henderson sought, but ultimately rejected, social security disability benefits.
The Arkansas Supreme Court has set forth a three-part test for Second Injury Fund liability: the employee must have suffered a compensable injury at his or her present place of employment; prior to that injury the employee must have had a permanent-partial disability or impairment; and the disability or impairment must have combined with the recent compensable injury to produce the current disability status. Patterson v. Arkansas Dep't of Health, 343 Ark. 255, 33 S.W.3d 151 (2000); Ark. Code Ann. ยง11-9-525 (Repl. 2002). Here, it is undisputed that the medical evidence established that appellant suffered a compensable injury to her back. There is no medical or other evidence in the record, however, establishing that there was a combination of the effects of Henderson's compensable work-related injury with any pre-existing disability or impairment to yield greater disability than that arising from the back injury alone. See Patterson, 343 Ark. at 270-71, 33 S.W.3d at 160-61. Thus, substantial evidence supports the Commission's decision that the Second Injury Fund was not liable.
Affirmed.
Glover and Neal, JJ., agree.
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