FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION. NOS.
G104088 & G303872.
APPELLEE: RANDY PHILLIP MURPHY.
APPELLANT: JOHN GARY DAVIS.
T. WHITEAKER, Judge. KINARD and HIXSON, JJ., agree.
PHILLIP T. WHITEAKER, Judge
Mullin appeals an Arkansas Workers' Compensation
Commission (Commission) opinion that found she failed to
prove entitlement to ongoing medical treatment for her
compensable neck, shoulder, and back injuries and to
temporary-total-disability (TTD) benefits. Mullin argues that
there was insufficient evidence to support those findings. We
appeal in workers' compensation cases, we view the
evidence and all reasonable inferences deducible therefrom in
the light most favorable to the Commission's findings and
will affirm if those findings are supported by substantial
evidence. Myers v. City of Rockport, 2015 Ark.App.
710, 479 S.W.3d 33. Substantial evidence means such relevant
evidence as a reasonable mind might accept as adequate to
support a conclusion. Id. 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 its decision. Id. Where a claim is
denied, the substantial-evidence standard requires us to
affirm the Commission if its opinion displays a substantial
basis for the denial of relief. Id. With these
in mind, we look to the evidence before the Commission.
facts are these. Mullin has a history of shoulder and back
problems (including two prior lumbar surgeries and an
incident in March 2011 in which she injured her shoulder
after being body-slammed to the floor by her developmentally
disabled adult son). She also sustained two work-related
injuries while employed with Alco.
first injury occurred on April 11, 2011. Mullin injured her
back, neck, and left shoulder while unloading freight from
the back of a semi-truck. Her injuries were deemed
compensable, and she was provided with medical treatment for
her shoulder following this incident, including surgery for a
rotator-cuff tear. She was released to full duty as of
December 8, 2011, with no impairment rating. Her treating
physician at the time, Dr. Birk, refused to assign an
impairment rating, noting that Mullin had been " very
difficult and dishonest" about her condition and had
" faked residual symptoms, faked a frozen shoulder and
as a result took advantage of the system for longer than
necessary and received benefits beyond the actual time of
injury and recovery." Mullin was discharged by Dr. Birk
with a " [z]ero rating."
being discharged by Dr. Birk, Mullin continued to seek
treatment for her neck, back, and shoulder pain. At some
unspecified point during her treatment, her employment was