Ark. Methodist Med. Ctr. v. Blansett ( 2013 )


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  • Susan
    Williams
    Cite as 
    2013 Ark. App. 480
    2018.12.
    27              ARKANSAS COURT OF APPEALS
    10:59:57
    DIVISION I
    -06'00'                               No. CV-13-59
    ARKANSAS METHODIST MEDICAL                       Opinion Delivered September 11, 2013
    CENTER and RISK MANAGEMENT
    RESOURCES                                        APPEAL FROM THE ARKANSAS
    APPELLANTS                    WORKERS’ COMPENSATION
    COMMISSION
    V.                                               [NO. G108093]
    AFFIRMED
    DON-ANDRE BLANSETT
    APPELLEE
    RITA W. GRUBER, Judge
    Arkansas Methodist Medical Center Memorial Hospital and its insurer, Risk
    Management Resources, appeal the November 30, 2012 decision of the Arkansas Workers’
    Compensation Commission awarding appellee Don-Andre Blansett additional medical
    treatment and temporary total-disability benefits for a compensable injury to his neck. Mr.
    Blansett, who had previously undergone neck surgery and lower-back surgery, sustained the
    injury on June 7, 2011, while working for the hospital as an EMT and loading an obese
    woman onto a stretcher. In rendering its decision, the Commission specifically found that the
    medical treatment controverted by appellants was causally related to Mr. Blansett’s
    compensable injury rather than a preexisting condition in his neck or cervical spine.
    Appellants contend on appeal that the Commission’s determination is not supported by
    substantial evidence because Mr. Blansett’s latest neck problems were related to preexisting
    problems rather than his compensable work injury.
    Cite as 
    2013 Ark. App. 480
    Here, the Commission exercised its duty to make determinations of credibility, to
    weigh the evidence, and to resolve conflicts in medical testimony and evidence. Martin
    Charcoal, Inc. v. Britt, 
    102 Ark. App. 252
    , 
    284 S.W.3d 91
    (2008). Because the sole issue
    before us concerns the sufficiency of the evidence to support the Commission’s findings, and
    because the Commission’s opinion adequately explains the decision, we affirm by
    memorandum opinion. In re Memorandum Opinions, 
    16 Ark. App. 301
    , 
    700 S.W.2d 63
    (1985).
    Affirmed.
    PITTMAN and WYNNE, JJ., agree.
    Friday, Eldredge & Clark, LLP, by: Guy Alton Wade and Travis J. Fowler, for appellants.
    Brazil, Adlong & Mickel, PLC, by: Thomas W. Mickel, for appellee.
    2
    

Document Info

Docket Number: CV-13-59

Judges: Rita W. Gruber

Filed Date: 9/11/2013

Precedential Status: Precedential

Modified Date: 1/7/2019