GNB Technologies and Zurich American Insurance Company v. Dean Bryant

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
DIVISION III

GNB TECHNOLOGIES and ZURICH AMERICAN INSURANCE CO.

APPELLANTS

V.

DEAN BRYANT

APPELLEE

CA03-549

November 19, 2003

APPEAL FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION COURT

[NO. F108243]

AFFIRMED

John Mauzy Pittman, Judge

The appellee in this workers' compensation case suffered a compensable injury to his lower back in the course and scope of his employment with appellant GNB Technologies in January 2000. The injury was accepted as compensable and, eight months after the injury, appellee underwent a lumbar diskectomy at L5-S1. Appellee continued to suffer from significant pain after this injury and was diagnosed with failed back syndrome. Because he continued to suffer debilitating symptoms when returned to light duty work, appellee underwent additional diagnostic tests that culminated in an additional surgical procedure, fusion of appellee's lumbar spine at L5-S1, in October 2001.

Appellant GNB Technologies suspended payment of benefits in April 2001, taking the position that appellee's back problems after that date were the result of some independent intervening cause. Appellee filed a claim and, after a hearing, the Commission found that appellee proved that his back condition subsequent to April 2001 was the result of his prior compensable injury. This appeal followed.

For reversal, appellants contend that the Commission erred in finding that appellee's back condition subsequent to April 2001 was the result of his prior compensable injury. We find no error, and we affirm.

The question in the present case is whether the employer was liable for benefits for appellee's complications following his initial surgery. We have held that, where the second complication is found to be a natural and probable result of the first injury, the employer remains liable; only where it is found that the second episode has resulted from an independent intervening cause is that liability affected. Bearden Lumber Co. v. Bond, 7 Ark. App. 65, 644 S.W.2d 321 (1983). The basic test is whether there is a causal connection between the two episodes. Id.

Whether a causal relationship exists is a question of fact for the Commission to determine. Carter v. Flintrol, Inc., 19 Ark. App. 317, 720 S.W.2d 337 (1986). In reviewing the sufficiency of the evidence to support the decisions of the Workers' Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission's findings, and we affirm if the decision is supported by substantial evidence. Daniels v. Arkansas Department of Human Services, 77 Ark. App. 99, 72 S.W.3d 128 (2002). Substantial evidence is that which a reasonable person might accept as adequate to support a conclusion. Olsten Kimberly Quality Care v. Pettey, 328 Ark. 381, 944 S.W.2d 524 (1997). We will not reverse the Commission's decision unless we are convinced that fair-minded persons with the same facts before them could not have reached the conclusions arrived at by the Commission. Wal-Mart Stores, Inc. v. Sands, 80 Ark. App. 51, 91 S.W.3d 93 (2002).

Here, although there was evidence that appellee had sustained non-work-related falls after the date of his compensable injury, there was also evidence from which the Commission could properly have found that these falls resulted at most in the temporary exacerbation of the symptoms of his compensable injury. Furthermore, as the Commission noted, the only medical opinion offered in this case is to the effect that there was a "definite connection" between appellee's compensable injury of January and his second complication and resulting surgery. The weight to be given to that testimony was a matter for the Commission to determine, Carter v. Flintrol, Inc., supra, and on this record we cannot say that fair-minded persons with the same facts before them could not have reached the conclusions arrived at by the Commission.

Affirmed.

Robbins and Roaf, JJ., agree.