Warwick Electronics, Inc. v. Devazier
| Decision Date | 26 February 1973 |
| Docket Number | No. 5--6174,5--6174 |
| Citation | 253 Ark. 1100,490 S.W.2d 792 |
| Parties | WARWICK ELECTRONICS, INC., Appellants, v. Carrie DEVAZIER, Appellee. |
| Court | Arkansas Supreme Court |
N. M. Norton, Forrest City, for appellants.
Fletcher Long, Jr., Forrest City, for appellee.
In this workmen's compensation appeal, the appellant contends there is not sufficient evidence to show a connection between appellee's employment and her hospitalization for stomach ulcers as found by the referee and affirmed by the commission and the circuit court. It is well established that the trial court and this court review the evidence and all reasonable inferences deducible therefrom in the light most favorable to the commission's finding which, like that of a jury, we uphold if there is substantial evidence to support its action. Northwestern Natl. Ins. Co. v. Weast, 253 Ark. ---, 488 S.W.2d 322 (1972).
The appellee was hospitalized in 1967 for a duodenal ulcer. However, in July, 1968, another doctor ruled out the possibility of an ulcer and determined she had a 'spasmodic stomach.' In September, 1968, appellee sustained a compensable back injury arising out of her employment. Within a few days disc surgery was performed. It appears that two other operations were necessary: one in October, 1969, and the other in January, 1970. During her convalescence of approximately two years, various medications were prescribed which included Emperin Compound #3 for relief of pain. It contains aspirin which is considered ulcergenic. Also, Earidine, a muscle relaxant, was prescribed which is considered 'mildly irritating.'
Appellee was again hospitalized in May, 1970, for tests because of her continued back pain. She was found to be suffering from an ulcer condition in addition to her original injury. She was treated for the ulcer along with traction and medication for her back. She was discharged after approximately twenty days which is the period of hospitalization at the cost of $1,769.05 that appellant denies as being compensable. There was medical evidence adduced from a treating doctor (Jennings) that According to him he consulted with a gastroenterologist and '(O)n examination, it was felt that Mrs. Devazier (appellee) indeed had a gastric ulcer which he felt had its genesis in the psychological stress and medication related to the low back pain.' The appellee claimant testified that she took no medicine other than aspirin 'occasionally,' except...
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Clark v. Peabody Testing Service
...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. ......
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Barksdale Lumber Co. v. McAnally
...based upon a jury verdict on the same question. Wilson & Co. v. Christman, 244 Ark. 132, 424 S.W.2d 863; Warwick Electronics, Inc. v. Devazier, 253 Ark. 1100, 490 S.W.2d 792; Arkansas Coal Co. v. Steele, 237 Ark. 727, 375 S.W.2d We agree with appellants that Dr. Rowland's qualifications are......
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Walker v. Cooper Automotive, CA 08-519.
...of witnesses and any conflict and inconsistency in the evidence is for the Commission to resolve. Warwick Electronics, Inc. v. Devazier, 253 Ark. 1100, 490 S.W.2d 792 (1973). A majority of the Commission is required to reach a decision. See Ark.Code Ann. § 11-9-204(b)(1) (Repl.1996); see al......
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Smith v. Superior Industries and Crockett Adjustment, CA 06-542 (Ark. App. 12/6/2006)
...credibility of witnesses and any conflict and inconsistency in the evidence is for the Commission to resolve. Warwick Elecs., Inc. v. Devazier, 253 Ark. 1100, 490 S.W.2d 792 (1973). A majority of the Commission is required to reach a decision. See Ark. Code Ann. § 11-9-204(b)(1) (Repl.1996)......