Tyrone Terrell v. Arkansas Trucking Service

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

ANDREE LAYTON ROAF, JUDGE

DIVISION IV

TYRONE TERRELL

APPELLANT

v.

ARKANSAS TRUCKING SERVICE

APPELLEE

CA 00-586

DECEMBER 6, 2000

APPEAL FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION

[NO. E512351]

AFFIRMED

This is the second appeal of this case. This court reversed and remanded this case in 1998, holding that appellant Tyrone Terrell was entitled to a psychological evaluation as a result of injuries suffered in a 1995 truck accident. After the psychological evaluation was performed, the Workers' Compensation Commission awarded Terrell twenty-six weeks of temporary total disability (TTD) as provided by statute for a claim of mental injury or illness that arises from a compensable physical injury. Terrell again appeals, arguing that the Commission erred in finding that an award for physical injury was outside the scope of its review on remand and in limiting the award of TTD benefits to twenty-six weeks. We affirm.

The facts of this case are not in dispute. Terrell, a truck driver, was injured in a work-related vehicle accident on August 10, 1995, and sustained injuries to his neck, right shoulder, right leg, and lower back. It was stipulated that the injuries were compensable and that medical benefits andtemporary total disability benefits had been paid through January 28, 1996. Terrell sought additional medical treatment in the form of a psychiatric evaluation and treatment for depression.

At his initial hearing, Terrell testified that he was nearing a bridge in Meridian, Mississippi, on a two-lane road when another truck tried to pass him and collided with his truck. The two trucks became tangled and went down an embankment. Terrell was treated for cervical, thoracic, and lumbar strain with physical therapy and work hardening and was certified as having reached maximum physical improvement on January 19, 1996.

After the accident, Terrell began having recurring dreams in which a truck he was driving would go off of a bridge, explode, or catch on fire with him inside. He stated that he also began to have frequent headaches and debilitating pain, suffered from nightmares about the accident, and was afraid to drive a truck again. Following a recommendation by a psychotherapist who interviewed Terrell in connection with the work-hardening program, Terrell's treating physician referred him to a psychiatrist. However, Arkansas Trucking Service refused to authorize payment for a psychological evaluation.

At his first hearing, the ALJ held that Terrell had failed to prove by a preponderance of the credible evidence that a psychological evaluation or treatment was reasonable or medically necessary to treat the injuries he sustained in the August 1995 accident. The Commission affirmed and adopted the opinion of the ALJ. Terrell appealed to this court and this court reversed and remanded stating, "We reverse and remand for the Commission to order appellee to provide appellant with a psychological evaluation by a licensed psychiatrist or psychologist, and based upon those results, determine if the psychological injury is compensable."

On remand, the Commission found that Terrell was entitled to a psychological or psychiatric evaluation at Arkansas Trucking Service's expense and remanded the matter to the ALJ for furtherproceedings "to determine the extent of benefits, if any, to which claimant (Terrell) may be entitled." The ALJ, in his opinion, noted that a claim for mental injury was limited to twenty-six weeks disability. He also noted that "at the time claimant was referred for psychological treatment, he continued to relay complaints of debilitating pain and headaches." Further, the February 2, 1999, independent psychiatric evaluation strongly suggested that because of the manner in which claimant sustained the injury and the symptoms experienced shortly thereafter, the claimant "might be suffering from a brain injury related to the August 10, 1995, accident in the form of a neuro-psychological disorder." However, the ALJ made no finding that Terrell suffered from a brain injury or any other injury in addition to the initial compensable neck and back injuries, from which Terrell had reached maximum medical improvement in January 1996. Rather, the ALJ found that Terrell remained within his healing period for his physical injuries suffered in the August 10, 1995, accident and was entitled to temporary total disability benefits from August 10, 1995, through January 28, 1996, and continuing until Terrell reached the end of his healing period.

Arkansas Trucking Service appealed the award of temporary total disability benefits in excess of twenty-six weeks to the Commission. The Commission found that Terrell had not completed his healing period for the psychological component of his injury and his psychological condition was compensable for twenty-six weeks, the maximum amount allowed for mental injury. The Commission held that any additional TTD awarded by the ALJ must be for "the" physical injury and was beyond the scope of the issues placed before it by this court on remand. The Commission did not further address the ALJ's findings or lack of findings with regard to his basis for awarding Terrell more than twenty-six weeks of TTD.

On appeal, Terrell argues that the Commission erred in determining that the scope of its review was limited to his psychological injury. When we review a decision of the Workers'Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the findings of the Commission and affirm that decision if it is supported by substantial evidence. Hooks v. Gaylord Container Corp., 67 Ark. App. 159, 992 S.W.2d 844 (1999). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Service Chevrolet v. Atwood, 61 Ark. App. 190, 966 S.W.2d 909 (1998). We do not reverse a decision of the Commission unless we are convinced that fair-minded persons with the same facts before them could not have arrived at the conclusion reached by the Commission. Milligan v. West Tree Serv., 57 Ark. App. 14, 941 S.W.2d 434 (1997).

Terrell argues that the Commission erred in modifying the ALJ's award of temporary total disability benefits to twenty-six weeks of benefits. He asserts that additional medical evidence was developed before the ALJ on remand that showed he clearly suffers not only from a psychological injury but also from a physical injury. He contends that he has not reached the end of his healing period with regard to either the psychological or the physical aspects of his injury. Consequently, he maintains that he is not limited to twenty-six weeks of disability benefits under Ark. Code Ann. § 11-9-113(b)(1).

Arkansas Code Annotated § 11-9-113(b)(1) states, "Notwithstanding any other provision of this chapter, where a claim is by reason of mental injury or illness, the employee shall be limited to twenty- six (26) weeks of disability benefits." Based on the record before us, we cannot say that the Commission erred in finding that its review was limited to the issue of whether, after the performance of the psychological evaluation, Terrell was entitled to further benefits only in regard to mental injury or illness.

Affirmed.

Griffen and Pittman, JJ., agree.