Clark v. Peabody Testing Service

• Citation: 265 Ark. 489,579 S.W.2d 360
• Decision Date: 16 April 1979
• Docket Number: No. 78-288,No. 2,78-288,2
• Court: Supreme Court of Arkansas
• Parties: Shirley CLARK, Widow, Appellant, v. PEABODY TESTING SERVICE, Appellee

Page 360

579 S.W.2d 360

265 Ark. 489

Shirley CLARK, Widow, Appellant, v. PEABODY TESTING SERVICE, Appellee.

No. 78-288.

Supreme Court of Arkansas, Division No. 2.

April 16, 1979.

Joseph W. Swaty, Sheridan, for appellant

Wright, Lindsey & Jennings, Little Rock, for appellee.

FOGLEMAN, Justice.

This claim arises from the death of William Robert Clark, aged 38, on the job site where he was employed by appellee, Peabody Testing Company. The circuit court affirmed the Workmen's Compensation Commission's denial of the claim. Appellant asserts four points for reversal. We find no reversible error.

Point No. 1

THE CIRCUIT COURT ERRED IN AFFIRMING THE COMMISSION'S

OPINION BECAUSE SUCH OPINION REFLECTS THE FULL

COMMISSION GAVE WEIGHT TO THE

ADMINISTRATIVE LAW JUDGE'S OPINION.

Appellant's argument on this point is based upon these elements: The commission stated, in its opinion, that it agreed with the decision of the administrative law judge; it followed the statement of the case made by this judge in his opinion; it quoted verbatim a hypothetical question (which appellant says was improper) propounded to a physician and the physician's answer (which appellant calls inconsistent); it used the same reasoning used by the administrative law judge; the commission cited, but did not follow, Harper v. Henry J. Kaiser Construction Co., 233 Ark. 398, 344 S.W.2d 856.

Certainly the commission's agreement with the referee's findings based only upon the evidence presented to the referee is not to be taken to mean that the commission accorded any weight to the referee's findings. Such cases as Potlatch Forests, Inc. v. Smith, 237 Ark. 468, 374 S.W.2d 166, cited by appellant, have no bearing, because there is no indication whatever that the commission here only determined that there was substantial evidence to support the administrative law judge's findings. Furthermore, we give the law judge's findings no weight whatever. Lane Poultry Farms v. Wagoner, 248 Ark. 661, 453 S.W.2d 43. See also, Allied Telephone Co. v. Rhodes, 248 Ark. 677, 454 S.W.2d 93.

Point No. 2

THE CIRCUIT COURT ERRED IN FAILING TO FIND THERE WAS

SUBSTANTIAL EVIDENCE, BOTH LAY AND MEDICAL, ON

WHICH TO BASE ITS AFFIRMANCE.

According to appellant, her main point is that the circuit court made no specific finding that the evidence upon which the commission based its decision was substantial. Apparently appellant feels that it was reversible error for the circuit court to affirm the judgment without setting out the specific evidence it found to be substantial. The court's order stated that upon review of the entire file the order of the commission should be affirmed. There is no requirement in the Workers' Compensation Law that the circuit court, on review of the commission's decisions, make detailed findings of fact or state specific conclusions of law. In this case, the only question that could have been decided by the circuit court was whether the commission's action was supported by substantial evidence, since there was no suggestion that the commission acted without, or in excess of, its powers, or that the award was procured by fraud. See Ark.Stat.Ann. § 81-1325(b) (Repl.1976). The question is one of law. Cummings v. United Motor Exchange, 236 Ark. 735, 368 S.W.2d 82; Mohawk Rubber Co. v. Buford, 259 Ark. 614, 535 S.W.2d 819. The findings of fact of the commission are conclusive and binding on the courts in the absence of fraud, and are not for de novo determination by the courts. Ark.Stat.Ann. § 81-1325(b); Oak Lawn Farms v. Payne, 251 Ark. 674, 474 S.W.2d 408; Lane Poultry Farms v. Wagoner, supra. The order of the circuit court is clearly indicative of a finding that there was substantial evidence to support the denial of compensation. In any event, we review the decision of the commission without regard to the action of the trial court. Miller v. Everett,252 Ark. 824, 481 S.W.2d 335; Allied Telephone Co. v. Rhodes, supra. See also, Lane Poultry Farms v. Wagoner, supra. Therefore, the failure of the circuit court to specify the evidence it found to be substantial, in support of the commission's action, is of no consequence.

Point No. 3

THE CIRCUIT COURT ERRED IN FAILING TO DETERMINE, AS A MATTER

OF LAW, THAT THE COMMISSION RESOLVED ALL DOUBTS IN

FAVOR OF THE CLAIMANT.

In her argument of this point, appellant argues that before either the circuit court or this court can affirm the commission, there must be a finding that the commission has viewed the evidence liberally in favor of the claimant. In this, appellant is mistaken, and as a matter of fact, has correctly predicted that we will say that there is no inconsistency in these statements: (1) that the commission must resolve all doubts in favor of the claimant and (2) that we must affirm the commission's decision if it is supported by substantial evidence. The resolution of doubts and factual issues favorably to the claimant is a function of the commission, not of the courts, which must view and interpret the evidence and all reasonable inferences deducible therefrom in the light most favorable to the findings of the commission and give the testimony its strongest probative force in favor of the action of the commission, whether it favored the claimant or the employer. Mass Merchandisers, Inc. v. Harp., 259 Ark. 830, 536 S.W.2d 729; Turner v. Lambert Construction Co., 258 Ark. 333, 524 S.W.2d 465; Barksdale Lumber Co. v. McAnally, 262 Ark. 379, 557 S.W.2d 868; Home Insurance Co. v. Logan,255 Ark. 1036, 505 S.W.2d 25; Warwick Electronics, Inc. v. Devazier, 253 Ark. 1100, 490 S.W.2d 792. On appeal, we resolve all doubts in favor of the commission's findings. ¹ Bale Chevrolet Co. v. Armstrong, 241 Ark. 705, 409 S.W.2d 328. We must affirm if we find any substantial evidence to support the commission's ruling. Dura Craft Boats v. Daugherty, 253 Ark. 340, 485 S.W.2d 739; Turner v. Lambert Construction Co., supra; Potlatch Forests, Inc. v. Smith, supra. So, the extent of our inquiry is limited to the determination whether there is any substantial evidence to support the commission's findings. Sneed v. Colson Corp. 254 Ark. 1048, 497 S.W.2d 673; Superior Improvement Co. v. Hignight, 254 Ark. 328, 493 S.W.2d 424; Dura Craft Boats, Inc. v. Daugherty, supra. We will affirm the decision of the commission on the question of causation, unless there is No substantial evidence to support it. Turner v. Lambert Construction Co., supra. Even if the preponderance of the evidence would indicate a different result, we will affirm the commission if reasonable minds could reach the conclusion reached by the commission. Superior Improvement Co. v. Hignight, supra. Or conversely, we will not reverse the commission's finding that the claimant failed to meet his burden of proof on causation unless fair-minded men could not have arrived at a finding adverse to the claimant. Turner v. Lambert Construction Co., supra. The circuit courts must take the same view of the evidence we do.

Point No. 4

THE CIRCUIT COURT ERRED IN AFFIRMING THE COMMISSION BECAUSE

THE COMMISSION FAILED TO RESOLVE DOUBTFUL MEDICAL

TESTIMONY IN FAVOR OF APPELLANT.

There is no distinction between medical testimony and other evidence insofar as the resolution of doubts is concerned in workers' compensation proceedings. In arguing this point, appellant relies upon Dougan v. Booker, 241 Ark. 224, 407 S.W.2d

369, where this court reversed the action of the circuit court and of the commission, without regard to the substantial evidence rule. While this 4-2 decision (one justice not participating) would seem to lend some support to appellant's argument, there are some important distinctions. The claimant there had suffered a previous heart attack, for which he had been treated by a physician who advised him not to overtax himself and to stop and rest if he had any pain or fatigue. The undisputed evidence in Dougan was that the employee collapsed on the job as a result of Unusual Exertion and strain. The only evidence of a preexisting condition in this case is testimony relating to chest pains and shortness of breath, which may or may not have been symptoms of cardiac disease. There is testimony in this case from which it would not be unreasonable to infer that there was no Unusual strain or exertion in the work being done by Clark. The two dissenting justices in Dougan pointed out that the court should affirm if there was any substantial evidence to support the verdict. They felt that the expert opinion testimony of a physician constituted substantial evidence to support the commission's denial of the death claim in that case. In view of the many cases decided since that decision on the extent of appellate review, Dougan v. Booker cannot be considered as authoritative on the facts in this case, insofar as the substantial evidence rule is concerned.

SUBSTANTIAL EVIDENCE

Appellant does not state any point for reversal based upon her contention that there was no substantial evidence to support the commission's denial of her claim. Since that argument, however, is woven into her argument on every point stated, we must consider it. We do find substantial evidence, when the evidence is viewed in the light in which we must view it. We must also keep in mind the requirement that the dependent claimant show by a preponderance of the evidence that the death of the employee arose out of and in the course of his employment. Asphalt Materials Co. v. Coleman, 243 Ark. 646, 420 S.W.2d 921; Wilson v. United Auto Workers International Union, 246 Ark. 1158, 441 S.W.2d 475; Brooks v. Wage, 242 Ark. 486, 414 S.W.2d 100. See also, Voss v. Ward's Pulpwood Yard, 248 Ark. 465, 452 S.W.2d 629.

The claimant, Shirley Clark, is the widow of William Robert Clark, who was 38 years of age when he died on July 19, 1977. He had been employed as a driller for Peabody Testing Service since January, 1977. Clark had lived continuously with Mary Collins, daughter of Olene Bates, in...