# Dalton v. Allen Engineering Co.

> Court of Appeals of Arkansas · May 5, 1999 · 66 Ark. App. 201

URL: https://www.frixlaw.com/law-library/cases/9776145

## Case

- **Full name:** B.W. Dalton v. Allen Engineering Company
- **Court:** Court of Appeals of Arkansas
- **Decided:** May 5, 1999
- **Citations:** 66 Ark. App. 201; 989 S.W.2d 543; 1999 Ark. App. LEXIS 263
- **Precedential status:** Published
- **Opinion:** Dissent by Jennings
- **Judges:** John B. Robbins
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9776145

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9776145. Public record. Not legal advice.