Court of Appeals

Decision Information

Decision Content

Cite as 2014 Ark. App. 135 ARKANSAS COURT OF APPEALS DIVISION IV No. CV-13-742 MARY RECTOR APPELLANT V. HEALTHSOUTH and ESIS, INC. APPELLEES RHONDA K. WOOD, Judge Appellant, Mary Rector, appeals from Commission decision denying her claim compensable lower-back injury. The Commission found that Rector did not meet her burden of proof. Rector argues that substantial Commissions finding. We disagree and affirm. On appeal, we review the evidence in the light most favorable to the Commissions findings and affirm if those findings are supported by substantial evidence. Wal-Mart Stores, Inc. v. Brown, 82 Ark. App. 600, 120 S.W.3d 153 (2003). Substantial evidence is relevant evidence that a reasonable mind might accept as adequate to support a conclusion. Id. The issue is not whether we might have reached a different result than the Commission, but whether reasonable minds could reach the Commissions decision. Pulaski Cnty. Special Opinion Delivered February 19, 2014 APPEAL FROM THE ARKANSAS WORKERS COMPENSATION COMMISSION [NO. G107720] AFFIRMED an Arkansas Workers Compensation for additional medical treatment for her evidence does not support the
Cite as 2014 Ark. App. 135 Sch. Dist. v. Tenner, 2013 Ark. App. 569. The Commission determines the credibility of the witnesses, the weight to be given their testimony, and resolves conflicting medical evidence. Richardson Waste, Inc. v. Corcoran, 2010 Ark. App. 816, 379 S.W.3d 77. We may issue memorandum opinions in any or all of the following cases: (a) Where the only substantial question involved is the sufficiency of the evidence; (b) Where the opinion, or findings of fact and conclusions of law, of the trial court or agency adequately explain the decision and we affirm; (c) Where the trial court or agency does not abuse its discretion and that is the only substantial issue involved; and (d) Where the disposition of the appeal is clearly controlled by a prior holding of this court or the Arkansas Supreme Court and we do not find that our holding should be changed or that the case should be certified to the supreme court. In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985). The only issue in this appeal is whether substantial evidence supports the Commissions decision. Further, the Commissions opinion, adopting the administrative law judges findings, adequately explains the basis for denying Rectors claim. We therefore affirm by memorandum opinion. Affirmed. H ARRISON and WHITEAKER, JJ., agree. Walker, Shock & Harp, PLLC, by: Eddie H. Walker, Jr., for appellant. Mayton, Newkirk & Jones, by: David C. Jones, for appellees. 2
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.