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Murray v. Stant Manufacturing Gallagher Bassett Serv

Court of Appeals of Arkansas, Division II
Apr 7, 2010
2010 Ark. App. 289 (Ark. Ct. App. 2010)

Opinion

CA 09-877

Opinion Delivered April 7, 2010

Appeal from the Arkansas Workers' Compensation Commission, [NO. F608616], Affirmed.


Appellant Veronica Murray appeals a decision of the Arkansas Workers' Compensation Commission finding that she is not entitled to additional medical treatment. For reversal, appellant contends that the Commission erred in finding that additional medical services were not reasonable and necessary for the treatment of her compensable injury. Substantial evidence supports the Commission's decision; therefore, we affirm.

In reviewing decisions from the Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission's findings, and we affirm if the decision is supported by substantial evidence. Whitlach v. Southland Land Dev., 84 Ark. App. 399, 141 S.W.3d 916 (2004). Substantial evidence is that relevant evidence that reasonable minds might accept as adequate to support a conclusion. K II Constr. Co. v. Crabtree, 78 Ark. App. 222, 79 S.W.3d 414 (2002). The issue is not whether we might have reached a different result or whether the evidence would have supported a contrary finding; if reasonable minds could reach the Commission's conclusion, we must affirm its decision. Geo Specialty Chem., Inc. v. Clingan, 69 Ark. App. 369, 13 S.W.3d 218 (2000).

Arkansas Code Annotated section 11-9-508(a) (Supp. 2009) requires an employer to provide an injured employee such medical services "as may be reasonably necessary in connection with the injury received by the employee." The employee has the burden of proving by a preponderance of the evidence that medical treatment is reasonable and necessary. Stone v. Dollar Gen. Stores, 91 Ark. App. 260, 209 S.W.3d 445 (2005). What constitutes reasonable and necessary medical treatment is a question of fact to be determined by the Commission. Bohannon v. Walmart Stores, Inc., 102 Ark. App. 37, 279 S.W.3d 502 (2008).

Because the only question on appeal is the sufficiency of the evidence and because the Commission's opinion adequately explains the decision, we affirm by memorandum opinion. In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985).

Affirmed.

KINARD and GLOVER, JJ., agree.


Summaries of

Murray v. Stant Manufacturing Gallagher Bassett Serv

Court of Appeals of Arkansas, Division II
Apr 7, 2010
2010 Ark. App. 289 (Ark. Ct. App. 2010)
Case details for

Murray v. Stant Manufacturing Gallagher Bassett Serv

Case Details

Full title:Veronica MURRAY, Appellant v. STANT MANUFACTURING GALLAGHER BASSETT…

Court:Court of Appeals of Arkansas, Division II

Date published: Apr 7, 2010

Citations

2010 Ark. App. 289 (Ark. Ct. App. 2010)

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