Summary of a Recent
Judicial Development in
Labor

Denial of Workers' Compensation Benefits Not Supported by Substantial Evidence

Walt McCarter
National AgLaw Center Research Associate

Summary of Decision

In Barnes v. Greenhead Farming, 270 S.W.3d 873 (Ark. Ct. App. 2008), the Arkansas Court of Appeals held that substantial evidence did not support the Arkansas Workers' Compensation Commission's decision to deny an injured worker's claim, and thus reversed and remanded his case for an award of benefits.

Background

A worker who claimed work-related injuries to his back, leg, and foot brought a workers' compensation claim against his employer. Id. at 873. An administrative law judge found in favor of the worker, but the Arkansas Workers' Compensation Commission, finding that the worker had "an extensive prior history of chronic back problems," reversed and denied his claim. Id. at 874.

Arguments

The worker argued that there was a lack of substantial evidence supporting the Commission's decision to deny his claim. Id. at 873.

Analysis and Holdings

The appellate court agreed with the claimant that the evidence did not support the Commission's claim. Id. In particular, the court noted that he had only complained of back pains once, eleven years prior to the accident, and he had not received any follow-up medical treatment for that instance. Id. at 875. Also, there was credible, corroborated testimony that he had not had any other back or leg problems prior to the incident. Id. The court further found that the Commission's finding, that there was no "documented report" of the claimant's back problems until six months after the incident, was wholly unsupported by the evidence. Id. at 875-76. The court also explained that the absence of testimony from representatives of the claimant's workers' compensation carrier, who were within the employer's control, raised the presumption that their testimony would have been unfavorable to the employer. Id. Considering the evidence in the record, the court held "that fair-minded persons could not reach the conclusion of the Commission to deny benefits," and therefore reversed the Commission's decision. Id. at 876.

The case was decided on January 9, 2008.