Donald Groom v. Nekoosa Papers, Inc., et al.
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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN MAUZY PITTMAN, CHIEF JUDGE
DIVISION II
CA06406
December 13, 2006
DONALD GROOM
APPELLANT
APPEAL FROM THE ARKANSAS
W O R K E R S ’ C O M P E N S A T I O N
COMMISSION [NO. E711686]
NEKOOSA PAPERS, INC., ET AL.
APPELLEES
AFFIRMED IN PART; REVERSED IN
PART AND REMANDED
V.
The appellant in this workers’ compensation case was employed as a maintenance
man by appellee Nekoosa Papers in January 1997 when he fell and sustained an admittedly
compensable back injury that required four separate surgical procedures to his spine. His
claim for permanent total disability benefits was denied by the Commission, which instead
awarded permanent partial disability benefits of fortytwo percent to the body as a whole,
reflecting its findings of fourteen percent anatomical impairment and twentyeight percent
wage loss. On appeal, appellant argues that there is no substantial evidence to support the
Commission’s finding that he failed to prove permanent total disability, and that there is no
substantial evidence to support the Commission’s finding of fourteen percent anatomical
impairment.
In determining the sufficiency of the evidence to support decisions of the Arkansas
Workers’ Compensation Commission, we view the evidence and all reasonable inferences
deducible therefrom in the light most favorable to the Commission's findings and affirm if
they are supported by substantial evidence, i.e., evidence that a reasonable person might
accept as adequate to support a conclusion. Carman v. Haworth, Inc., 74 Ark. App. 55, 45
S.W.3d 408 (2001). We will not reverse the Commission's decision unless we are convinced
that fairminded persons with the same facts before them could not have reached the
conclusions arrived at by the Commission. WalMart Stores, Inc. v. Sands, 80 Ark. App. 51,
91 S.W.3d 93 (2002). Where, as here, the Commission has denied a claim because of the
claimant's failure to meet his burden of proof, the substantial evidence standard of review
requires that we affirm if the Commission's opinion displays a substantial basis for the denial
of relief. Williams v. Arkansas Oak Flooring Co., 267 Ark. 810, 590 S.W.2d 328 (Ark. App.
1979).
We hold that the Commission properly could find that appellant failed to prove
permanent total disability. “Permanent total disability” is defined as inability, because of
compensable injury or occupational disease, to earn any meaningful wages in the same or
other employment. Ark. Code Ann. § 119519(e)(1) (Repl. 2002). In its opinion the
Commission found that appellant had obtained the equivalent of a highschool diploma, had
received electrical and communications training in the Navy, and had completed a twoyear
program in heating and air, obtaining a contractor’s license. The Commission also found,
based on the outcome of a functional capacity evaluation, that appellant was able to return
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to full or parttime sedentary work. Finally, the Commission found that appellant
demonstrated the physical ability to tend a large acreage and livestock. These findings are
supported by the evidence, and we cannot say that the Commission erred in finding that
appellant failed to prove he was permanently and totally disabled.
With respect to its determination of anatomical impairment, however, the Commission
denied relief by employing an analysis that expressly rejected all evidence of physical
impairment that was not objective. We hold that, in so doing, the Commission erred as a
matter of law. Medical evidence of the injury and impairment must be supported by
objective findings, Ark. Code Ann. §§ 119102 (4)(D) and 119704(c)(1)(B) (Repl. 2002),
i.e. findings that cannot come under the voluntary control of the patient. Ark. Code Ann. §
119102 (16)(A)(i). (Repl. 2002). There is no question that there were objective findings
in the record supporting appellant’s claim of back injury and resultant impairment.
Nevertheless, the Commission rejected the medical opinions regarding the degree of
impairment offered by Dr. Green and Dr. Moore simply because those opinions were based
in part on subjective findings. Quite clearly, the analysis engaged in by the Commission
disregarded all nonobjective evidence simply because it was subjective. We hold that this
was an arbitrary rejection of medical evidence. There is no requirement that medical
testimony be based solely or expressly on objective findings, only that the record contain
supporting objective findings. SwiftEckrich, Inc. v. Brock, 63 Ark. App. 118, 975 S.W.2d
857 (1998). Although credibility is a matter for the Commission to determine, a
determination of credibility based on arbitrary rejection of an entire class of evidence cannot
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stand. Consequently, we reverse and remand for the Commission to decide this issue in
accordance with the correct law.
Affirmed in part; reversed in part, and remanded.
GRIFFEN and GLOVER, JJ., agree.
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