Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mullin v. Alco

Court of Appeals of Arkansas, Division II

February 24, 2016

MICHELLE MULLIN, APPELLANT
v.
DUCKWALL ALCO and SEDGWICK CLAIMS, APPELLEES

          APPEAL FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION. NOS. G104088 & G303872.

         For APPELLEE: RANDY PHILLIP MURPHY.

         For APPELLANT: JOHN GARY DAVIS.

         PHILLIP T. WHITEAKER, Judge. KINARD and HIXSON, JJ., agree.

          OPINION

         

Page 284

          PHILLIP T. WHITEAKER, Judge

         Michelle 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 affirm.

          On 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 standards

Page 285

in mind, we look to the evidence before the Commission.

         The 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.

         The 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."

         After 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.