Opinion

Toia v. HTI LOGISTICS

  • 100 Ark. App. 314
  • 268 S.W.3d 334
  • 2007 Ark. App. LEXIS 781
Court
Court of Appeals of Arkansas
Filed
Nov 14, 2007
Status
Published
Author
Miller
On the bench
Robert J. Gladwin
Cited by
2 cases
Authority
More cited than 7.2%

The opinion

Brian S. Miller, Judge, concurring. I concur with the decision to reverse and remand this case for an award of benefits; and I write separately to reconcile this view with my position in Economy Inn & Suites v. Jivan, 97 Ark. App. 115 , 253 S.W.3d 4 (2007). In Jivan, I voted with this court’s majority to deny benefits based on my view that the claimant was not advancing the interests of her employer while changing clothes to attend a work-out session. The supreme court, however, reversed us in Jivan v. Economy Inn & Suites, 370 Ark. 414 , 260 S.W.3d 281 (2007).

The majority opinion clearly articulates the similarities between Jivan and the present case. Although it is arguable that the claimant, Leslie Toia, was not advancing the interests of his employer at the time of his injury, we are bound by the precedent of our supreme court. See Sanderson v. McCollum, 82 Ark. App. 111 , 112 S.W.3d 363 (2003); Gause v. Shelter Gen. Ins., 81 Ark. App. 133 , 98 S.W.3d 854 (2003). Therefore, I join the majority.

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.

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