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Askins v. Kroger Ltd.

ARKANSAS COURT OF APPEALS DIVISION III
Mar 15, 2017
2017 Ark. App. 165 (Ark. Ct. App. 2017)

Opinion

No. CV-16-955

03-15-2017

GALE A. ASKINS APPELLANT v. KROGER LIMITED PARTNERSHIP AND SEDGWICK CLAIMS MANAGEMENT APPELLEES

Mickel & Chapman, by: Thomas W. Mickel and Brooklyn R. Parker, for appellant. Barber Law Firm, PLLC, by: Michael L. Alexander, for appellees.


APPEAL FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION
[NO. G202018] AFFIRMED RITA W. GRUBER, Chief Judge

In this workers' compensation case, Gale A. Askins appeals the denial of her claim that she sustained a compensable injury to her brain while she was working in a Kroger store. She claimed that her brain injury was caused by a specific incident—that she fell while carrying a tray of shrimp out of a cooler to serve a customer; alternatively, she claimed that her injury was unexplained and was therefore compensable. Kroger contested the claim, contending that Ms. Askins did not sustain an on-the-job injury or, alternatively, that her ongoing medical condition was not related to any on-the-job accident. On appeal, Ms. Askins contends that substantial evidence does not support the finding of the Arkansas Workers' Compensation Commission that she did not sustain "an unexplained compensable injury."

The Commission's opinion in this case includes a comprehensive review of the medical records, live testimony, and deposition testimony. Because the opinion adequately explains its decision and because we conclude that the Commission's findings are supported by substantial evidence, we affirm by memorandum opinion. In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985).

Affirmed.

VIRDEN and WHITEAKER, JJ., agree.

Mickel & Chapman, by: Thomas W. Mickel and Brooklyn R. Parker, for appellant.

Barber Law Firm, PLLC, by: Michael L. Alexander, for appellees.


Summaries of

Askins v. Kroger Ltd.

ARKANSAS COURT OF APPEALS DIVISION III
Mar 15, 2017
2017 Ark. App. 165 (Ark. Ct. App. 2017)
Case details for

Askins v. Kroger Ltd.

Case Details

Full title:GALE A. ASKINS APPELLANT v. KROGER LIMITED PARTNERSHIP AND SEDGWICK CLAIMS…

Court:ARKANSAS COURT OF APPEALS DIVISION III

Date published: Mar 15, 2017

Citations

2017 Ark. App. 165 (Ark. Ct. App. 2017)

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