Opinion

Green v. N. Little Rock Sch. Dist.

  • 2016 Ark. App. 512
Court
Court of Appeals of Arkansas
Filed
Nov 2, 2016
Status
Published
On the bench
Robert J. Gladwin
Cited by
3 cases
Authority
More cited than 71.0%

The opinion

Cite as 2016 Ark. App. 512

ARKANSAS COURT OF APPEALS

DIVISION III

No. CV-16-262

OPINION DELIVERED NOVEMBER 2, 2016

WARREN J. GREEN

APPELLANT

APPEAL FROM THE ARKANSAS

V. WORKERS’ COMPENSATION

COMMISSION

NORTH LITTLE ROCK SCHOOL [NO. G409309]

DISTRICT AND ARKANSAS SCHOOL

BOARDS ASSOCIATION

APPELLEES AFFIRMED

ROBERT J. GLADWIN, Chief Judge

Warren J. Green appeals the January 25, 2016 opinion of the Arkansas Workers’

Compensation Commission (“Commission”) that affirmed and adopted the June 16, 2015

opinion of the Administrative Law Judge (“ALJ”) and denied Green’s request for benefits

by finding that he had failed to prove that he had sustained a compensable injury. Green

argues that the decision of the Commission is not supported by substantial evidence. We

affirm.

We review a decision of the Commission to determine whether there is substantial

evidence to support it. Queen v. Nortel Networks, 2013 Ark. App. 523. We review the

evidence and all reasonable inferences deducible therefrom in the light most favorable to

the Commission’s findings. Id. It is the Commission’s province to weigh the evidence and

determine what is most credible. Id. The issue on appeal is not whether we would have

Cite as 2016 Ark. App. 512

reached a different result or whether the evidence would have supported a contrary

conclusion; we will affirm if reasonable minds could reach the Commission’s conclusion.

Id. Typically, we review only the Commission’s decision, not the ALJ’s; however, when

the Commission affirms and adopts the ALJ’s opinion as its own, which is true here, we

consider both the ALJ’s decision and the Commission’s opinion. J.B. Hunt Transp. Servs.

Inc. v. Hollingsworth, 2016 Ark. App. 279, ___ S.W.3d ___.

It is the Commission’s duty, not ours, to make credibility determinations, to weigh

the evidence, and to resolve conflicts in the evidence and testimony. Adams v. Bemis Co.,

Inc., 2010 Ark. App. 859. Where the Commission has denied a claim because of the

claimant’s failure to meet his burden of proof, the substantial-evidence standard of review

requires that we affirm if the Commission’s opinion displays a substantial basis for the denial

of relief. Bolus v. Jack Cecil Hardware, 2013 Ark. App. 288. Because this is the sole issue

now before us, and because the Commission’s opinion adequately explains its decision, we

affirm by memorandum opinion. In re Memorandum Opinions, 16 Ark. App. 301, 700

S.W.2d 63 (1985) (per curiam).

Affirmed.

ABRAMSON and WHITEAKER, JJ., agree.

Robert T. James, P.A., by: Robert T. James, for appellant.

Friday, Eldredge & Clark, LLP, by: Guy Alton Wade and Phillip M. Brick, Jr., for

appellees.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.