Freeman E. Green v. Cooper Standard Automotive, Inc.
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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
DIVISION III
CA05-674
March 15, 2006
FREEMAN E. GREEN
APPEAL FROM THE ARKANSAS
WORKERS’ COMPENSATION
COMMISSION
[NOS. F200267, F208445]
APPELLANT
V.
COOPER STANDARD AUTOMOTIVE,
INC.
AFFIRMED
APPELLEE
JOHN MAUZY PITTMAN, Chief Judge
The appellant in this workers’ compensation case was employed by appellee, where
he sustained three compensable knee injuries. After the third surgery he was diagnosed with
“athlete’s knee” and total replacement of both knees was recommended. The employer
refused to pay for this surgery, asserting that it was not necessitated by his compensable
injuries. After a hearing, the Arkansas Workers’ Compensation Commission found that
appellant had failed to prove that the need for the requested treatment resulted from his
compensable injury. On appeal, the appellant argues that there is no substantial evidence to
support that finding. We affirm.
In determining the sufficiency of the evidence to sustain the findings of the
Commission, we review the evidence in the light most favorable to the Commission's
findings and affirm if the findings are supported by substantial evidence. City of Blytheville
v. McCormick, 56 Ark. App. 149, 939 S.W.2d 855 (1997). Substantial evidence is such
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relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
Id. 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. Tyson Foods, Inc. v. Disheroon, 26 Ark. App.
145, 761 S.W.2d 617 (1988). 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.
Viewed in the light most favorable to the Commission's findings, the record shows
that appellant played organized basketball on the high school and college levels and for one
year professionally. Subsequently he began working for appellee Cooper Standard
Automotive in 1992. He sustained a workrelated injury to the ligament of his right knee in
1999, which was repaired surgically by Dr. Mullhollan. Appellant was released from
medical restrictions and returned to work for appellee performing the same job. Appellant
sustained a second workrelated injury in December 2001; after conservative treatment
proved ineffective, Dr. Bryant surgically repaired a meniscal tear in January 2002. Shortly
thereafter, appellant returned to work for appellee, still performing the same job. However,
on June 23, 2002, appellant sustained another compensable injury when he slipped on an oily
spot and twisted his right knee. He was diagnosed with a horizontal tear of the medial
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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
DIVISION III
meniscus, underwent an orthoscopic medial menisectomy performed by Dr. Bryant on July
17, 2002, and again returned to work.
Appellant subsequently complained of bilateral knee pain and returned in November
2002 to Dr. Bryant, who opined that appellant suffered from “athlete’s knee” with
longstanding cartilage damage of many years’ duration, and that he could anticipate
difficulty in performing manual labor because of the preexisting condition of his knees.
Appellant then saw Dr. Mullhollan, who opined that total knee replacement was indicated
but that this was not due to a jobrelated illness. Appellant was then referred to Dr. Bowen.
Dr. Bowen’s opinion differed on the issue of causation; he stated that he believed that
appellant’s need for further treatment was caused by his prior compensable injuries.
Appellant argues that the Commission erred because Dr. Bowen’s opinion is entitled
to more weight than that of Drs. Mullhollan and Bryant. We do not agree. The medical
opinions relied upon by the Commission were not intrinsically incredible; it was noted that
the condition requiring the replacement surgery was arthritic, while appellant’s workrelated
injuries were tears to the ligaments. Furthermore, both Drs. Mullhollan and Bryant had
previously performed surgery on appellant and had had the opportunity to observe both his
compensable injuries and the healing process firsthand. We have said for over twenty years
that, when the Commission chooses to accept the testimony of one physician over another
where the evidence is conflicting, we are “powerless to reverse the decision.” Fletcher v.
Farm Bureau Insurance Co., 10 Ark. App. 84, 661 S.W.2d 431 (1983). That is the situation
in the present case, and we therefore affirm.
Affirmed.
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GLOVER and ROAF, JJ., agree.
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