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Leslie v. Sanyo Manufacturing Corp.

Citations: 13 Ark. App. 59; 679 S.W.2d 222; 1984 Ark. App. LEXIS 1873Docket: CA 84-189

Court: Court of Appeals of Arkansas; November 21, 1984; Arkansas; State Appellate Court

Narrative Opinion Summary

This case pertains to the appellant's pursuit of total disability benefits following a neck injury incurred on October 17, 1977. Initially awarded temporary total disability benefits, part of the compensation was later disallowed by the Commission, and this decision was not contested. Subsequently, the appellant experienced a new healing period from April to June 1981, during which benefits were undisputedly received. The appellant contended entitlement to total disability benefits from June 8, 1981, to January 3, 1983, citing physician-imposed restrictions and the appellee's failure to provide suitable employment. In response, the appellee maintained that the appellant's lack of earnings stemmed from employment unavailability rather than incapacity. The Commission determined that the appellant's inability to find work was not attributable to her injury. The court upheld the Commission's decision, deeming it supported by substantial evidence and affirmed that the appellant did not qualify for total disability benefits beyond the healing period. However, the court noted that the appellant might pursue permanent partial disability benefits in future proceedings. The appellate judgment was affirmed, with concurrences from Justices Cracraft and Mayfield.

Legal Issues Addressed

Distinction Between Incapacity and Employment Availability

Application: The court differentiated between the appellant's physical incapacity and the availability of employment opportunities, finding the latter as the reason for her lack of earnings during the claimed period.

Reasoning: The Commission found that the appellant was not incapacitated due to her injury but rather was unable to find work.

Potential for Future Claims

Application: Acknowledgement was made that the appellant might pursue claims for permanent partial disability benefits, although these were not at issue in the present appeal.

Reasoning: The decision recognizes that the appellant may still seek permanent partial disability benefits, which the appellee has acknowledged, but these were not the subject of the current appeal.

Substantial Evidence Standard

Application: The court affirmed the Commission's decision, indicating it was supported by substantial evidence that the appellant's inability to find work was not due to her injury-related incapacity.

Reasoning: The court concluded that the Commission's decision was supported by substantial evidence, affirming that the appellant did not establish entitlement to total disability benefits after her healing period.

Total Disability Benefits Eligibility

Application: The court examined whether the appellant was entitled to total disability benefits after a designated healing period, given the claim of continued incapacity due to lifting restrictions.

Reasoning: She argues she is entitled to total disability benefits from June 8, 1981, to January 3, 1983, due to physician-imposed lifting restrictions and the appellee's inability to provide suitable work.