James Mitchell v. Georgia Pacific Corporation and Sedgwick Claims Management Services
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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
LARRY D. VAUGHT, JUDGE
DIVISION IV
CA07453
November 14, 2007
JAMES MITCHELL
APPELLANT
V.
GEORGIA PACIFIC CORPORATION
and SEDGWICK CLAIMS
MANAGEMENT SERVICES
APPELLEES
APPEAL FROM THE WORKERS’
COMPENSATION COMMISSION
[NO. F408480]
AFFIRMED
Appellant James Mitchell appeals from the decision of the Arkansas Workers’
Compensation Commission denying his claim for compensation. Mitchell argues that
substantial evidence fails to support the Commission’s decision. We affirm.
Mitchell is a twentyyear employee of appellee Georgia Pacific Corporation.
Mitchell’s job as a deck operator required him to be stationed at a control panel and monitor
logs as they traveled down a conveyor belt and through a lathe, which stripped the bark from
the log. On August 10, 2004, a log jam occurred, which caused a moveable catwalk to loosen
and strike Mitchell in the back. Mitchell testified that the impact caused him to fall to the
floor on his hands and knees. Mitchell returned to work after the incident but was unable to
complete his shift due to pain. Before he left, he reported the incident to his supervisor. The
following day, Mitchell called the safety director at work to report the incident and to request
medical treatment for pain in his back and neck.
On August 12, 2004, Mitchell received medical treatment from Dr. Edward A.
Gresham, a physician selected by Georgia Pacific. Dr. Gresham reported that he observed
no abrasions, no ecchymosis or swelling, and no muscle spasms. Dr. Gresham diagnosed
Mitchell with a strain and released him to return to work. Later that same day, Mitchell
sought medical treatment at the local emergency room. There, the physician diagnosed
Mitchell with a low back contusion and acute thoracic and lumbar pain secondary to a direct
blow to the back.
Mitchell continued to receive medical treatment for his complaints from another
company physician, Dr. Benjamin Walsh. Dr. Walsh never identified any objective findings
of an injury but did note symptom magnification. However, due to Mitchell’s continued
complaints, Dr. Walsh referred Mitchell to Dr. Gregg Massanelli, an orthopedic surgeon.
On September 28, 2004, Dr. Massenelli stated in his report that he observed no
obvious spasm, but that Mitchell did have significant limitations in both active and passive
range of motion in his cervical spine, which caused pain. Dr. Massenelli opined that Mitchell
suffered from significant degenerativedisc disease and recommended an MRI. An MRI was
performed on September 30, 2004, and confirmed degenerativedisc disease and also a small
left paracentral herniation at the C45 level, along with stenosis at the C34, C45, and C56
levels. Dr. Massenelli opined on October 5, 2004, that the changes on the MRI were chronic
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and not caused by any workrelated injury; however, he concluded that an injury could have
aggravated an arthritic neck.
Mitchell then sought medical treatment from another orthopedic surgeon, Dr. D’Orsay
Bryant, III. On October 14, 2004, Dr. Bryant noted that Mitchell’s “neck reveal[ed]
tenderness and spasm.” While Mitchell continued to see Dr. Bryant with complaints of neck
pain through January 2005, records showed that Dr. Bryant primarily treated Mitchell for
bilateral carpaltunnel syndrome.
In February 2005, Mitchell was seen by Dr. Reza Shahim, a referral by Dr. Bryant.
Dr. Shahim reviewed the September 2005 MRI, noted the herniation, and recommended
another MRI due to the poor quality of the image. The second MRI, according to Dr.
Shahim’s February 24, 2005, report also demonstrated a “broad disc herniation at C45
which result[ed] in severe canal stenosis.” Dr. Shahim recommended surgery, which was
performed March 25, 2005. During surgery Dr. Shahim discovered “a large paramedian disc
herniation in the epidural space causing significant thecal sac compression....” At the time
of the hearing, Mitchell remained under the care of Dr. Shahim.
While the ALJ found that Mitchell proved that he was struck by the catwalk on
August 10, 2004, the ALJ also found that Mitchell failed to prove that he suffered
compensable injuries as a result. Specifically, the ALJ found that Mitchell failed to establish
objective findings supporting injuries to his back and neck and a causal connection between
the incident and Mitchell’s disability and need for medical treatment. The Commission
affirmed the ALJ opinion, and this appeal followed.
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The only issue on appeal is whether there is sufficient evidence to support the
Commission’s decision that Mitchell failed to prove by a preponderance of the evidence that
he suffered compensable injuries to his back and neck. Typically, we review only the
decision of the Commission, not that of the ALJ. Southeast Ark. Hum. Dev. Ctr. v. Courtney,
99 Ark. App. 87, ___ S.W.3d ___ (2007). However, in this case the Commission affirmed
and adopted the ALJ’s opinion as its own. Id. In so doing, the Commission makes the ALJ’s
findings and conclusions the findings and conclusions of the Commission. Id. Therefore, for
purposes of our review, we consider both the ALJ’s decision and the Commission’s majority
decision.
In reviewing a decision of the Commission, we view the evidence and all reasonable
inferences in the light most favorable to the findings of the Commission. Magnet Cove Sch.
Dist. v. Barnett, 81 Ark. App. 11, 97 S.W.3d 909 (2003). The Commission’s findings will
be affirmed if supported by substantial evidence. Id. Substantial evidence is such relevant
evidence as a reasonable mind might accept as adequate to support a conclusion. Id.; see also
Wheeler Constr. Co. v. Armstrong, 73 Ark. App. 146, 41 S.W.3d 822 (2001). The issue on
appeal is not whether we might have reached a different result or whether the evidence
would have supported a contrary finding; if reasonable minds could reach the Commission’s
conclusion, we must affirm. Linton v. Ark. Dep’t of Correction, 87 Ark. App. 263, 190
S.W.3d 275 (2004).
The ALJ found, and the Commission affirmed, that Mitchell failed to prove the
existence of objective findings supporting his injuries. Mitchell argues on appeal that there
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were objective findings supporting his injuries. He lists Dr. Massenelli’s September 28,
2004, report that stated that Mitchell had significant limitations in cervical passive range of
motion; the September 30, 2004, MRI that showed a disc herniation at C45; and Dr.
Bryant’s October 14, 2004, report that stated that Mitchell’s “neck reveal[ed] tenderness and
spasm.”
A compensable injury must be established by medical evidence supported by objective
findings. Ark. Code Ann. § 119102(4)(D) (Supp. 2007). Objective findings are those
findings that cannot come under the voluntary control of the patient. Ark. Code Ann. § 119
102(16)(A)(i) (Supp. 2007). We disagree with the Commission and hold that Mitchell did
establish the existence of objective findings. The emergency room report, dated two days
following the incident, stated that Mitchell suffered a “contusion” to his low back, both MRIs
showed a disc herniation at the C45 level, and Dr. Bryant identified neck spasms. Each of
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these findings are objective, i.e., could not come under the voluntary control Mitchell.
Bryant v. Staffmark, Inc., 76 Ark. App. 64, 61 S.W.3d 856 (2001) (recognizing that a
contusion is an objective finding); Searcy Indus. Laundry Inc. v. Ferren, 82 Ark. App. 69,
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While Mitchell argues that the cervical passive rangeofmotion findings in his
case are objective findings, we disagree based on our holding in Mays v. Alumnitec, Inc.,
76 Ark. App. 274, 64 S.W.3d 772 (2001). In Mays, we held that where there was no
evidence establishing whether the passive rangeofmotion tests were not under the
voluntary control of the claimant, the results of that testing were not objective findings
sufficient to support compensability. Mays, 76 Ark. App. at 278, 64 S.W.3d at 775. In the
instant case, there is likewise no evidence in the record demonstrating that the passive
rangeofmotion tests employed by Dr. Massenelli were not subject to the voluntary
control of Mitchell.
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110 S.W.3d 306 (2003) (acknowledging that a herniated disc is an objective finding); Univ.
of Ark. Med. Sci. v. Hart, 60 Ark. App. 13, 958 S.W.2d 546 (1997) (stating that muscle
spasms are objective findings).
While we disagree with the ALJ and the Commission and hold that objective findings
do exist in this case, this does not require reversal because we agree with the ALJ and
Commission on the second issue—that Mitchell failed to establish a causal connection
between the work incident and his disability and need for treatment. In a workers’
compensation case, a claimant must prove a causal connection between the workrelated
accident and the disabling injury. Stephenson v. Tyson Foods, Inc., 70 Ark. App. 265, 19
S.W.3d 36 (2000). The determination of whether a causal connection exists is a question of
fact for the Commission to determine. Jeter v. B.R. McGinty Mech., 62 Ark. App. 53, 968
S.W.2d 645 (1998).
There is substantial evidence in the record supporting the ALJ’s and Commission’s
finding that Mitchell’s work incident was not the cause of his disability and need for
treatment. For example, the only objective finding discovered contemporaneously with the
injury (two days later) was the contusion on Mitchell’s lower back. In actuality, this finding
is of little relevance because Mitchell’s complaints and medical treatment centered around
his neck—not his back. The only objective findings supporting a neck injury (the herniation
and neck spasms) were not discovered contemporaneously with the injury—the MRI was
taken more than one month after the incident and the neck spasms were noted more than two
months after the incident. Further, we note that Mitchell had been treated consistently from
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the time of the injury until the MRI in late September 2004 and no objective findings had
been noted by any of his physicians at that time.
Mitchell’s prior existing degenerativedisc disease also plays a significant role in
causing a disconnect between Mitchell’s work incident and his disability and need for
treatment. Medical records clearly showed that Mitchell had suffered from very similar
complaints in his neck and back for years leading up to the August 2004 incident. Beginning
in February of 1999, Mitchell began complaining of shoulder pain, at which time his treating
physician recommended a cervical xray. The following month, Mitchell was diagnosed with
cervical degenerativedisc disease. In December 1999, Mitchell began complaining of low
back pain and was later diagnosed with lumbar degenerativedisc disease. He continued to
receive medical treatment for both his neck and back until June 2002. He was seen for
complaints of midback pain following a fall in June 2004—just two months prior to the
accident.
Finally, Dr. Shahim’s testimony was equivocal on the issue of causation. He testified
that if Mitchell was not suffering from symptoms prior to the work incident, then Dr. Shahim
would opine that the work incident was the cause of his current symptoms and need for
treatment. However, Dr. Shahim also testified that if Mitchell was symptomatic prior to the
work incident, then his opinion would be that Mitchell’s current condition was not caused
by his work incident but rather by his preexisting degenerative condition. Because Dr.
Shahim equivocated when giving his opinions, the ALJ and Commission found Dr. Shahim’s
testimony speculative and discounted it. It is the Commission’s function to weigh the medical
evidence and assess the credibility and weight to be afforded to any testimony. King v.
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Peopleworks, 97 Ark. App. 105, ___ S.W.3d ___ (2006). Once the Commission has made
its decision on issues of credibility, we are bound by that decision. Cottage Cafe, Inc. v.
Collette, 94 Ark. App. 72, 226 S.W.3d 27 (2006).
Therefore, based on our standard of review, we hold that fairminded persons with
these same facts could have reached the same conclusion as the Commission. For these
reasons we affirm the Commission’s decision denying benefits to Mitchell.
Affirmed.
ROBBINS and BAKER, JJ., agree.
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