Joan Stuard v. Hope School District and Risk Management Resources
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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
KAREN R. BAKER, JUDGE
DIVISION I
CA07473
JOAN STUARD
DECEMBER 19, 2007
APPELLANT
v.
HOPE SCHOOL DISTRICT and RISK
MANAGEMENT RESOURCES
APPEAL FROM THE WORKERS’
COMPENSATION COMMISSION
[F311958]
APPELLEES
AFFIRMED
Appellant, Joan Stuard, appeals from a decision by the Workers’ Compensation Commission
reversing the Administrative Law Judge and finding that she failed to prove by a preponderance of
the evidence that she was entitled to additional medical treatment after April 2, 2004. On appeal,
appellant argues that there is insufficient evidence to support the Commission’s finding that she
failed to prove that she was entitled to additional medical treatment after April 2, 2004. She also
asserts that the Commission abused its discretion in considering medical opinions and evidence. We
find no error and affirm.
In reviewing decisions from 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. WalMart Stores, Inc.
v. Sands, 80 Ark. App. 51, 91 S.W.3d 93 (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). 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. CDI Contractors v. McHale, 41 Ark. App.
57, 848 S.W.2d 941 (1993). 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. White v. GeorgiaPacific Corp., 339 Ark. 474, 6 S.W.3d 98 (1999).
Questions concerning the credibility of witnesses and the weight to be given to their testimony are
within the exclusive province of the Commission. Ark. Dep’t of Health v. Williams, 43 Ark. App.
169, 863 S.W.2d 583 (1993).
The only issue in this appeal is whether sufficient evidence supports the Commission’s
finding that appellant failed to prove that she was entitled to additional medical treatment and the
Commission’s determination of credibility as to the medical opinions. The Commission’s findings
of fact, conclusions of law, and opinion adequately explain the decision. Having determined that the
Commission’s findings are in fact supported by substantial evidence, we affirm by memorandum
opinion. See In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985).
GLOVER and HEFFLEY, JJ., agree.
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