Cedar Chemical Company, Zurich American Insurance Company, and Crawford and Company v. Jimmy T. Knight
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SUPREME COURT OF ARKANSAS
No. 07307
CEDAR CHEMICAL COMPANY, ZURICH
AMERICAN INSURANCE COMPANY,
AND CRAWFORD AND COMPANY,
APPELLANTS;
Opinion Delivered JANUARY 31, 2008
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. F108608]
VS.
JIMMY T. KNIGHT,
APPELLEE,
W O R K E R S ’ C O M P E N S A T I O N
COMMISSION AFFIRMED; ARKANSAS
COURT OF APPEALS AFFIRMED.
DONALD L. CORBIN, Associate Justice
This is an appeal from a decision of the Arkansas Workers’ Compensation
Commission awarding disability benefits to Appellee Jimmy T. Knight. Appellants are
Knight’s former employer, Cedar Chemical Company, and the employer’s insurance carriers,
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Zurich American Insurance Company and Crawford and Company. On appeal, Appellants
argue that the Commission erred in awarding Appellee benefits as there was insufficient
evidence to establish that he suffered a compensable injury. This case is now before us on
a petition for review, see Cedar Chemical Co. v. Knight, 99 Ark. App. 162, ___ S.W.3d ___
(2007), thus, our jurisdiction is pursuant to Ark. Sup. Ct. R. 24(c)(2). We affirm the
decision of the Commission.
The record reveals that on July 1, 2001, Appellee, who was working a twelvehour
shift, was descending a flight of stairs when he noticed pain in his left knee. According to
Appellee, it was approximately 11:00 a.m. when he noticed the pain, although he could not
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The Death and Permanent Disability Fund, while a party below, did not file a brief on appeal.
identify any specific incident that caused the pain. Appellee, who had been employed with
Cedar for approximately five years at the time of this incident, was responsible for various
job duties involved in formulating and manufacturing certain chemical products. These job
duties required Appellee to ascend and descend up to three flights of stairs throughout the
day.
After first noticing the pain, Appellee continued with his job duties until
approximately 2:00 p.m., when he took a thirtyminute lunch break. At the end of his break,
Appellee tried to stand up and realized he could not put much weight on his left leg. Appellee
then called his supervisor, Jimmy Vincent, and reported that he had hurt his knee, could not
walk on it, and asked if he could go home. Vincent asked him if he could stay until the end
of his shift, and Appellee agreed.
The next day, Appellee notified his supervisor that he remained in pain and was going
to see his family physician. An Xray was taken of his knee, and the radiologist’s report
stated: “Features consistent with gout and/or osteoarthritis with evidence for calcification
ligamentous structures with other features as described which may or may not be related to
trauma. History is pain.” Appellee’s physician referred him to an orthopedist, Dr. John
Wilson. An MRI of his knee was performed on July 3, 2001. The resulting report revealed:
“Probable complete disruption of the anterior cruciate ligament. Probable tear and
maceration of the posterior horn of the medial meniscus.” On July 5, 2001, Dr. Wilson noted
in Appellee’s chart, “The MRI revealed a posterior horn tear of the medial meniscus as well
as an anterior cruciate tear. Mr. Knight needs an arthroscopy.”
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Because Appellee was unsure whether he wanted to have surgery, he sought a second
opinion from Dr. Frederick Azar. Initially, Dr. Azar recommended that Appellee engage in
exercise and physical therapy to ease the pain. After two weeks, however, Dr. Azar
recommended that Appellee undergo an arthroscopy. Appellee underwent a left knee
arthroscopy performed by Dr. Herbert Hahn on October 17, 2001. Subsequent to his
surgery, Appellee developed a postoperative sepsis of his left knee with staph aureus. The
postoperative infection required Appellee to be hospitalized from October 25, 2001, until
November 19, 2001, and also required him to undergo two surgical debridements.
Appellee sought workers’ compensation benefits as a result of his injury. A hearing
on the issue of the compensability of Appellee’s claim was held before an Administrative
Law Judge on January 7, 2005. The ALJ entered a written order, finding that Appellee’s
injury was idiopathic in nature and, as a result, there was insufficient evidence to prove
Appellee sustained a compensable injury arising out of and in the course and scope of his
employment.
Appellee appealed the ALJ’s decision to the full Commission. On
March 14, 2006, the Commission entered an order reversing the decision of the ALJ. In so
doing, the Commission found that Knight’s injury had resulted from a specific incident
arising out of and in the course of his employment with Cedar.
Appellants appealed the decision of the Commission to the Arkansas Court of
Appeals. The court of appeals affirmed the decision of the Commission, finding that there
was substantial evidence to support the Commission’s decision that Appellee suffered a
compensable injury. Appellants sought rehearing, and an en banc panel affirmed in a
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substituted opinion. Appellants then petitioned this court for review. When we grant a
petition for review, we treat the appeal as if it were filed in this court originally. Tucker v.
RobertsMcNutt, Inc., 342 Ark. 511, 29 S.W.3d 706 (2000). We now turn to the merits of
the present appeal.
On appeal, Appellants argue that there was no substantial evidence to support the
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Commission’s determination that Appellee’s injury was a workrelated compensable injury.
Specifically, Appellants argue that the evidence demonstrated that Appellee could point to
no specific incident that could have caused the injury and, moreover, that the medical
evidence pointed to degenerative changes in the knee prior to July 1. Thus, according to
Appellants, the Commission’s decision that Appellee’s injury was compensable was arbitrary
and capricious, and should be reversed.
Appellee counters that there was substantial evidence to support the Commission’s
finding of a compensable injury, as the evidence demonstrated that he had no prior problem
with his knee when he began his shift on July 1 and that the problem occurred only after he
ascended and descended the stairs at work several times. Moreover, Appellee argues that
where a claimant suffers an unexplained injury at work, it is generally compensable.
In reviewing decisions from the 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. Jivan v. Economy Inn &
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Originally, Appellee claimed that his injury was compensable as a gradualonset injury, but he
subsequently withdrew such a claim.
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Suites, 370 Ark. 414, ___ S.W.3d ___ (2007). Substantial evidence exists if reasonable
minds could reach the Commission’s conclusion. Id. The issue is not whether the appellate
court might have reached a different result from the Commission; if reasonable minds could
reach the result found by the Commission, the appellate court must affirm the decision. Id.
Questions concerning the credibility of witnesses and the weight to be given to their
testimony are within the exclusive province of the Commission. Patterson v. Ark. Dep’t of
Health, 343 Ark. 255, 33 S.W.3d 151 (2000). When there are contradictions in the evidence,
it is within the Commission’s province to reconcile conflicting evidence and to determine the
true facts. 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 that it deems worthy of belief. Id. Thus, we are foreclosed from determining
the credibility and weight to be accorded to each witness’s testimony. Arbaugh v. AG
Processing, Inc., 360 Ark. 491, 202 S.W.3d 519 (2005).
A compensable injury is defined, in part, as an accidental injury “arising out of and
in the course of employment.” Ark. Code Ann. § 119102(4)(A)(i) (Repl. 2002). A
compensable injury does not include an “[i]njury which was inflicted upon the employee at
a time when employment services were not being performed.” Ark. Code Ann. § 119
102(4)(B)(iii) (Repl. 2002). This court has held that an employee is performing
“employment services” when he or she “is doing something that is generally required by his
or her employer.” Kimbell v. Association of Rehab Indus., 366 Ark. 297, 301, 235 S.W.3d
499, 503 (2006) (quoting Wallace v. West Fraser South, Inc., 365 Ark. 68, 72, 225 S.W.3d
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361, 365 (2006)). We must determine whether the injury occurred “within the time and
space boundaries of the employment, when the employee [was] carrying out the employer’s
purpose or advancing the employer’s interest directly or indirectly.” Id. at 301302, 235
S.W.3d at 503 (quoting Wallace, 365 Ark. at 72, 225 S.W.3d at 365). As the claimant,
Appellee bears the burden of proving a compensable injury by a preponderance of the
credible evidence. See Ark. Code Ann. § 119102(4)(E)(i) (Repl. 2002).
In the hearing before the ALJ, Appellee testified that he began working for Cedar in
1996, and that at the time of this incident, he worked in a unit responsible for making a
chemical used in Stam and Propanyl. He further explained that his unit consisted of three
levels, with steps leading to each level. Appellee explained that he performed various job
duties, and that on a normal day, he would travel from the ground floor to the third floor
anywhere between five to eight times while working a twelvehour shift. Appellee testified
that in the middle of May 2001, he was walking up some steps when he felt his knee
hyperextend and pop and also felt pain in his back. He continued to work and later told his
supervisor there was no need to file an accident report as he was not in pain. Appellee
reported no further problems following this incident. Then, on July 1, 2001, Appellee
reported to work for his twelvehour shift that began at 7:00 a.m. At approximately
11:00 a.m., Appellee noticed pain in his knee as he was going down some stairs at work. He
continued to work until approximately 2:00 p.m., when he took a thirtyminute lunch break.
At the end of the break, Appellee stated that he was unable to put much weight on his leg and
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had to use a bicycle to steady himself. He reported the pain to his supervisor, but finished
his shift.
Shirley Knight, Appellee’s wife, testified that when her husband left for work on
July 1 everything was normal, but when he returned that evening, he needed assistance to
ascend the steps at their back door.
In granting Appellee benefits, the Commission opined as follows:
In the present matter, the claimant credibly testified that he experienced
an onset of pain in his knee while coming down the steps of his assigned unit
some time around 11:00 a.m. Thereafter, the claimant’s pain got progressively
worse, as he could hardly stand or get up from his seat after taking his lunch
break. A subsequent MRI revealed that the claimant had preexisting
degenerative disease and a torn medial meniscus in his left knee. In a letter
dated October 16, 2002, Dr. Hahn opined that the claimant’s torn medial
meniscus resulted from his recent work injury.
Considering Dr. Hahn’s expert opinion and in light of the claimant’s
credible account of the incident, the Full Commission finds that there is
insufficient evidence to support a finding that the injury suffered by the
claimant was personal in nature, as it was caused while descending the steps
of his unit. We therefore find that the claimant’s knee injury was not personal
in nature nor did it result due to his degenerative disease but was a
compensable specificincident workplace injury, which arose out of and in the
course of his employment.
Based on our de novo review of the entire record, the Full Commission
finds that the claimant proved that he sustained a compensable injury to his
left knee on July 1, 2001, which arose out of and in the course of his
employment with the respondent. Therefore, we reverse the opinion of the
administrative law judge.
Notably, the Commission found Appellee’s testimony credible that he had an onset
of pain while working his shift on July 1. As previously stated, the Commission is the sole
arbiter of credibility. In light of the Commission’s credibility determination and reliance on
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Dr. Hahn’s expert opinion regarding Appellee’s acute injury, we cannot say that reasonable
minds could not have reached the same conclusion as the Commission.
We disagree with Appellants’ claim that Crawford v. Single Source Transportation,
87 Ark. App. 216, 189 S.W.3d 507 (2004), relied upon by the Commission and Appellee,
is distinguishable. There, the claimant was injured when he stepped out of his cement truck,
down two steep steps, and onto an oil field. As his foot reached the ground, the appellant’s
knee gave way or buckled, causing the appellant to fall to the ground and to feel pain in his
knee. The appellant subsequently had surgery on his knee that revealed he had a tear of the
medial meniscus and osteoarthritis in his knee. The Commission denied benefits, but on
appeal the court of appeals held that the appellant’s injury was neither idiopathic nor
unexplained, but rather was a specificincident injury. In so holding, the court of appeals
noted that the injury was not simply personal in nature where it was caused while he
attempted to exit his employer’s vehicle from an elevated position and such employment
conditions contributed to his accident. Id. The court of appeals further noted that the
appellant’s injury was not unexplainable because his testimony fully explained the
circumstances surrounding his fall. Id.
Just as in Crawford, Appellee gave a detailed account of his actions preceding the
onset of his pain. Specifically, he testified that he had traveled probably two times to the
third floor and six or eight times to the second floor before 11:00 a.m. This was not a case
where Appellee had to occasionally walk up or down some steps, as Appellants suggest. We
simply cannot say that the Commission erred in determining the injury was not personal in
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nature to Appellee. An idiopathic injury is one whose cause is personal in nature, or peculiar
to the individual. See Kuhn v. Majestic Hotel, 324 Ark. 21, 918 S.W.2d 158 (1996); Little
Rock Convention & Visitors Bureau v. Pack, 60 Ark. App. 82, 959 S.W.2d 415 (1997). This
court has recognized that injuries sustained due to an unexplained cause are different from
injuries where the cause is idiopathic. ERC Contractor Yard & Sales v. Robertson, 335 Ark.
63, 977 S.W.2d 212 (1998). Where a claimant suffers an unexplained injury at work, it is
generally compensable. Pack, 60 Ark. App. 82, 959 S.W.2d 415. Simply because
Appellee’s injury is unexplained does not render it noncompensable.
We also disagree with Appellants’ assertion that this case is analogous to Hapney v.
Rheem Manufacturing Co., 342 Ark. 11, 26 S.W.3d 777 (2000). In that case, this court
rejected a claimant’s contention that her neck injury was compensable as a specificincident
injury under section 119102(4)(A)(i). In rejecting her claim, this court noted that the
claimant, in her deposition, did not know how she was injured nor could she recall anything
specific happening that caused the injury. In addition, this court pointed out that the claimant
never reported to her physician that her pain was associated with any particular, specific
incident.
Again, here, we have a case where Appellee described in detail his job duties and the
events surrounding the onset of his pain. The Commission determined this testimony to be
credible. In addition, there was an expert opinion from Dr. Hahn that Appellee’s acute injury
was responsible for more than fifty percent of Appellee’s impairment.
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Finally, we are mindful that the court of appeals recently addressed the issue of
whether a claimant had proven that he suffered a compensable injury under section 119
102(4)(A)(i) in Weaver v. Nabors Drilling USA, 98 Ark. App. 161, ___ S.W.3d ___ (2007).
In Weaver, the claimant was “mixing mud” while at work when he started to feel his hands
“tingling” or “burning.” A couple of days later, the claimant sought medical treatment. An
MRI revealed mild disc herniation at C56 interspace and C67 interspace. The claimant
sought compensation benefits for a specificincident injury. The Commission denied his
claim on the basis that he failed to present proof of a specific incident that caused the tingling
or burning in his hands. In affirming the Commission, the court of appeals held:
While we may have reached a different conclusion if we tried the facts,
we must affirm the Commission’s decision if substantial evidence supports it,
and in this case it does. Weaver failed to prove his case. He only proved that
he had an injury and that he felt pain while at work – he failed to show that a
specific incident occurred at work. He asks this court to infer that his injury
was caused by his employment – something we are not permitted to do.
Id. at 16364, ___ S.W.3d at ___.
Weaver, however, is not applicable to the present case. First, the procedural posture
of Weaver was completely different upon appellate review. Here, we have a case where the
Commission, as the sole arbiter of credibility, determined Appellee’s testimony in favor of
a finding of compensability to be credible. Also notable is the fact that Appellee’s testimony
regarding his job duties and the requirement that he ascend and descend multiple flights of
stairs repeatedly over the course of a twelvehour shift was much more detailed and supports
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a conclusion that his injuries were compensable as a specificincident workplace injury.
Accordingly, we affirm the decision of the Commission.
Commission affirmed; court of appeals affirmed.
IMBER, J., dissents.
IMBER, J., dissenting. The majority’s decision that Knight suffered a specificincident
compensable injury stands in stark contrast to our prior case law on the subject. By
concluding that Knight’s onset of pain, which was not accompanied by an identifiable
accident, was an incidentspecific injury, the majority ignores the statutory distinction
between incidentspecific injuries and gradual onset injuries. See Ark. Code Ann. § 119
102 (Repl. 2002). Moreover, the majority’s futile attempt to distinguish our case law is not
persuasive. Accordingly, I must respectfully dissent.
Arkansas Code Annotated § 119102(4)(A)(i) (Repl. 2002) defines a “compensable
injury” as,
An accidental injury causing internal or external physical harm to the body or
accidental injury to prosthetic appliances, including eyeglasses, contact lenses,
or hearing aides, arising out of and in the course of employment and which
requires medical services or results in disability or death. An injury is
“accidental” only if it is caused by a specific incident and is identifiable by
time and place of occurrence.
Id. (emphasis added). Thus, in accordance with the plain language of the statutory provision,
this court and the court of appeals have concluded that an injury is “accidental” only if it is
caused by a specific incident of trauma. See, e.g., Kimbell v. Assoc. Of Rehab Indus. & Bus.
Companion Prop. & Cas., 366 Ark. 297, 235 S.W.3d 499 (2006) (claimant fell from a porch
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while talking to a client of the center); Swaim v. WalMart Assoc., Inc., 91 Ark. App. 120,
208 S.W.3d 837 (2005) (claimant felt a pop in his foot while he was pulling a heavily loaded
pallet); Crawford v. Single Source Transp., 87 Ark. App. 216, 189 S.W.3d 507 (2004)
(claimant experienced a flexion of his knee while he was descending from his truck).
In subsection (ii) of section 119102(4)(A), the Arkansas General Assembly
expressly designates as compensable certain types of injuries not caused by a specific
incident, or not identifiable by time and place of occurrence. See Ark. Code Ann. § 119
102(4)(A) (Repl. 2002). Such gradual onset injuries are compensable only if the injury is
(a) caused by rapid repetitive motion, (b) a back or neck injury, or (c) hearing loss. See Ark.
Code Ann. § 119102(4)(A)(ii). Again, there is no ambiguity in the statutory language. The
only injuries that have been defined as compensable by the legislature are as follows:
accidental injuries, gradual injuries of three specific types, mental illness, cardiovascular
disease, hernias, and adverse reactions experienced by certain employees to vaccinations for
smallpox. See generally Ark. Code Ann. § 119102(4) (Repl. 2002). While there may be
a category of injury which has not been included in the statutory definition of
compensability, such as, a nonback, nonhearingloss, nonrepetitivemotion injury that is
not caused by a specific incident but that is otherwise identifiable by time and place of
occurrence, the Commission and the courts are mandated to construe the provisions of the
Worker’s Compensation Act strictly. Ark. Code Ann. § 119704(c)(3) (Repl. 2002).
Moreover, the legislature has expressly declared that:
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[T]he extent to which any physical condition, injury or disease should be
excluded from or added to coverage . . . shall be addressed by the General
Assembly and should not be done by administrative law judges, the Workers’
Compensation Commission, or the courts.
Ark. Code Ann. § 1191001 (Repl. 2002).
By construing the statute strictly it is clear that the legislature intended to differentiate
between accidental injuries, which involve a specific incident, and gradual onset injuries that
are compensable even though “not caused by a specific incident” or “not identifiable by time
and place of occurrence.” See Ark. Code Ann. §119102(4)(A)(ii)(b)&(c). This distinction
was illustrated by our court’s decision in Hapney v. Rheem Manufacturing, 342 Ark. 11, 26
S.W.3d 777 (2000). The claimant in that case was an assemblyline worker who suffered
from a herniated disc in her cervical spine that she claimed was an incidentspecific,
workplace injury. Id. The claimant’s job required her to attach metal plates to air
conditioning units, and she testified that she had to bend her neck six times with each unit,
resulting in her bending almost 1,800 times during a shift. Id. The claimant alleged that
while she was performing her job duties, she began to feel pain in her neck and right arm,
but she was able to complete her shift. Id. The pain progressively worsened and the
claimant sought medical treatment. Id. Although the claimant contended that her injury was
the result of a specific incident at work, she admitted that she did not know how she was
injured and she did not recall anything specific happening. Id. Accordingly, we held that
the claimant’s own words belied her argument that the injury was caused by a specific,
identifiable incident. Id.
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Likewise, in the recent case of Weaver v. Nabors Drilling USA, 98 Ark. App. 161,
___ S.W.3d ___ (2007), the Arkansas Court of Appeals affirmed a denial of worker’s
compensation benefits when the claimant asserted that his spinal injury was linked to his
work. Id. In that case, the claimant began complaining of pain in his hands while he was
“mixing mud” at work but was unable to define a specific incident that caused his condition.
See id. In doing so, the appellate court specifically rejected the claimant’s argument that
while he could not prove a specific incident, his work was the only logical cause of his
injury. See id. Again, as in Hapney, the court concluded that the claimant had only proven
that he felt pain while at work but had not shown evidence of a specific incident that
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occurred at work and resulted in his injury. Id.
Despite the majority’s statement to the contrary, the instant case is indistinguishable
from Hapney and Weaver. Here, Knight testified that he began feeling pain while he was
descending the stairs as part of his job duties. He was able to continue working, but his pain
gradually increased until he felt unable to work and sought medical attention. Like the
claimants in Hapney and Weaver, Knight admitted in his own testimony before the ALJ that
he did not know the cause of his injury, and he could not identify a specific incident that
resulted in his injury. Although, as the majority points out, Knight gave a specific
description of his activities at the time he felt pain in his knee, namely he was walking up
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The majority tries to distinguish Weaver by pointing out that the Commission denied benefits to the
claimant in Weaver, and, thus, the appellate court simply had to affirm the commission’s findings under our
deferential standard of review. While the Commission may be insulated to a certain degree, it may not
arbitrarily disregard evidence that supports the denial of a claim. See Kimbell v. Assoc. of Rehab Indus. &
Bus. Companion Prop. & Cas., supra.
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and down stairs at work, he could not specify an incident that occurred while he was
descending the stairs that day. Specifically, he admitted that he neither tripped or fell
preceding the pain, nor did he feel a pop or flexion in his knee, or anything else identifiably
related to the onset of his pain.
The majority also relies upon our past holding that
unexplained injuries are compensable. As a general principle, this proposition is correct, but
the majority’s reasoning in applying it to the instant case is flawed. What the majority fails
to recognize is that the “unexplained” injuries in those cases had an unexplainable root cause,
but the claimants in those cases still experienced specific, identifiable incidents that occurred
at work and ultimately resulted in their injuries. See, e.g., Kimbell v. Assoc. of Rehab Indus.
& Bus. Companion Prop. & Cas., supra. (claimant fell from porch due to unexplained
dizziness); Little Rock Convention and Visitors Center v. Pack, 60 Ark. App. 82, 959 S.W.2d
415 (1997)(claimant fell while caulking a walkway); Moore v. Darling Store Fixtures, 22
Ark. App. 21, 732 S.W.2d 496 (1987) (claimant fell and blacked out after stepping off a
forklift). In the instant case, however, Knight did not experience an “unexplained” injury
that resulted from a specific incident; rather, he simply experienced an onset of pain while
at work and did not offer any proof that it was related to a specific incident.
Moreover, the majority contends that Crawford v. Single Source Transp., 87 Ark.
App. 216, 189 S.W.3d 507 (2004), controls the outcome of this case. I disagree. In that case,
the claimant described an incident where he stepped from his truck, his knee buckled, he fell
to the ground, and then he felt pain in his knee. See id. The only similarity between
Crawford and the instant case is that the Crawford claimant was descending from his truck
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and Knight was descending the stairs immediately preceding the onset of pain. See id.
While the claimant in Crawford was able to identify a specific incident that lead to his injury,
namely, his knee buckled as he stepped from the truck, the claimant here failed to identify
any specific incident that caused his injury.
Actually, the outcome of this case should be governed by Whitten v. Edward
Trucking/Corp. Solutions, 87 Ark. App. 112, 189 S.W.3d 82 (2004), a case in which the
court of appeals held the claimant’s injury to be idiopathic. The claimant in Whitten
suddenly felt a pain in his back as he was ascending the stairs to his supervisor’s office. Id.
As the court of appeals stated, “[h]e neither tripped or stumbled, nor was he carrying
anything heavy at the time of the fall.” Id. at 115, 189 S.W.3d at 84. A medical examination
of the claimant revealed that he suffered from three preexisting injuries, which could have
caused his pain. Id. Accordingly, the Worker’s Compensation Commission determined that
his injury was idiopathic in nature. Id. Here, Knight was descending the stairs when he felt
pain in his knee, and like the claimant in Whitten, he did not trip or stumble, and he was not
carrying anything heavy. Also like the claimant in Whitten, Knight had suffered a previous
injury to his knee; whereas the claimant in Crawford had not sustained any prior injuries.
I simply cannot accept the majority’s strained attempt to distinguish our case law,
when Knight wholly failed to prove that his injury resulted from a specific incident. The
majority’s decision today jettisons strict construction as mandated by the legislature and
completely ignores the statutory provision that “[a]n injury is ‘accidental’ only if it is caused
by a specific incident and is identifiable by time and space of occurrence.” Ark. Code Ann.
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§ 119102(4)(A)(i) (emphasis added). For the first time, this court holds that the onset of
pain is a specificincident injury under Ark. Code Ann. § 119102. For the above stated
reasons, I respectfully dissent.
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