Opinion

Dalton v. Allen Engineering Co.

  • 66 Ark. App. 201
  • 989 S.W.2d 543
  • 1999 Ark. App. LEXIS 263
Court
Court of Appeals of Arkansas
Filed
May 5, 1999
Status
Published
Author
Jennings
On the bench
John B. Robbins
Cited by
14 cases

The opinion

John E. Jennings, Judge, dissenting. As the majority states, the employer has liability only for those medical expenses that are reasonable and necessary; the claimant has the burden of proof in this regard; and the Commission’s decision must be affirmed if it displays a substantial basis for the denial of relief. The majority also accurately sets out the relevant facts. And while I cannot disagree with the majority view that perhaps some of the medication was reasonable and necessary, it was incumbent upon the claimant to show the amount.

Given that two of his treating physicians testified that the amount of medication he was taking was excessive, I cannot say that the Commission’s opinion is not supported by substantial evidence. I therefore respectfully dissent.

Bird, J., joins.

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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