| Arkansas Workers' Compensation Law |
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Mary E. Green v. Alpharma, Inc., et al.
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This appeal arises from an order of the Washington County Circuit Court granting
summary judgment in favor of Appellees George’s Farms, Inc.; George’s Processing, Inc.
(collectively “George”); Simmons Foods, Inc.; Simmons Poultry Farms, Inc. (collectively
“Simmons”); Peterson Farms, Inc. (“Peterson”); and Tyson Foods, Inc. (“Tyson”). The
circui... More... $0 (5/9/2008 - AR )
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Anthony Phillips v. United States of America
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Anthony Phillips appeals from the district court’s grant of summary judgment
on his negligence claim against the United States Postal Service (USPS). We reverse
and remand.
I.
In 1998, USPS contracted with trucking company Pat Salmon & Sons, Inc.
(S&S), to transport mail between USPS facilities in Little Rock, Arkansas, and
Indiana... More... $0 (9/7/2005 - AR )
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Carroll Deal v. Fremont Indemnity
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Fremont Indemnity Company (“Fremont”) and the Arkansas Property and
Casualty Guaranty Fund (the “Fund”) appeal two separate decisions of the district
court.1 In two separate orders, the district court concluded that because Carroll Deal
and Karen Lamb Kirkham were not “made whole” by their respective settlements
with TACC Corporation and Ill... More... $0 (9/3/2005 - AR )
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Debra L. Yearwood v. Wal-Mart Stores, Inc. and Claims Management, Inc.
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Appellant Deborah Yearwood, pro se, appeals the denial of her claim for benefits entered by the Workers' Compensation Commission. Appellant worked for appellee Wal-Mart as an overnight stocker. Appellant alleged in her claim for benefits that while employed by Wal-Mart she sustained gradual-onset bilateral carpal tunnel syndrome and an aggravation ... More... $0 (9/22/2004 - AR )
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Janie McKinney v. Area Agency on Aging Western Arkansas and Risk Management Resources.
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Appellant, Janie McKinney, appeals the Workers' Compensation Commission's denial of workers' compensation benefits. On appeal, she contends that the Commission erred in its determination that she failed to prove that the recommended IDET procedure was reasonable and necessary treatment for her compensable injury and in determining that she failed t... More... $0 (6/23/2004 - AR )
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St. Edward Mercy Medical Center v. Myrtle Nemeth.
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The appellee in this workers' compensation case was employed by appellant as a licensed practical nurse in 1999 when she sustained a back injury while lifting a patient. In an earlier appeal, we sustained a decision finding that appellee remained temporarily totally disabled and that medical treatment received for her back injury to date had been r... More... $0 (6/23/2004 - AR )
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Meyers Bakeries v. Lesa Pate
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Appellant Meyers Bakeries appeals the decision of the Arkansas Workers' Compensation Commission granting temporary disability benefits to appellee, Lesa Pate. For reversal, appellant argues that the facts do not support the Commission's holding that appellee's current medical problems are causally related to her original work-related injury. We ... More... $0 (11/26/2003 - AR )
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Kathy Wilson v. Noble Food Services, Inc. (Burger King)
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The appellant in this workers' compensation case filed a claim for benefits alleging that she sustained a work-related back injury while in the employ of appellee Noble Food Services, Inc., on August 4, 2001. After a hearing, the administrative law judge found that appellant failed to prove by credible evidence that she sustained an injury arisi... More... $0 (11/26/2003 - AR )
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Kendall Dodson v. J.C. Penney Life
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Kendall, Dennis, Jerry and Loyal Dodson (Dodson children) appeal the district
court's grant of summary judgment in favor of J.C. Penney Life Insurance Company
(J.C. Penney Life) dismissing their claim for life insurance proceeds following the
deaths of their parents, J.B. and Viola Dodson (Dodsons). On November 6, 2002, we
filed an opinion... More... $0 (7/15/2003 - AR )
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Scipio Johnson and Bessie Johnson v. Union Pacitic Railraod, et al.
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This case arises from an accident in which a train collided with a truck near Tamo, Arkansas, on June 28, 1995. Appellant Scipio Johnson was a passenger in the truck and was seriously injured when he was thrown from the vehicle upon impact. He and his wife, Bessie Johnson, filed suit in the Jefferson County Circuit Court against Appellees Union ... More... $0 (4/18/2003 - AR )
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Dorman Hartley v. Dillards, Inc.
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Dorman Hartley, a former employee, sued Dillard's, Inc., a department store
chain, for age discrimination after his termination. A jury awarded Hartley back pay
of $237,669.00. Based on a wilfulness finding by the jury, the district court1 awarded
Hartley front pay of $246,774.05, and attorney's fees and costs of $65,268.86.
Dillard's then file... More... $448,443 (11/19/2002 - AR )
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Southern Farm Bureau Casualty Insurance Company v. Gary and Veronica Craven
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Appellant, Southern Farm Bureau (SFB), appeals a summary judgment entered by the White County Circuit Court in favor of appellees, Gary and Veronica Craven. The trial judge ruled that Colorado law rather than Arkansas law governed SFB's obligation to provide no-fault insurance coverage to appellees. We reverse and remand with instructions to enter ... More... $0 (11/15/2002 - AR )
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Hazel Davis v. William Davis
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Hazel Davis has appealed from three aspects of a divorce decree that ended her forty-nine-year marriage. She contends that the trial judge should have awarded her a one-half interest in a farm to which appellee William Davis acquired title before the parties were married and that the judge awarded an insufficient amount of alimony. She also argues ... More... $180 (9/25/2002 - AR )
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Kurt Dixon, et al. v. Mike Lowery, et al.
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Mike Lowery and Tim Calhoun (appellants) appeal from the district court's
denial of their motion for summary judgment. They argue that they are entitled to
qualified immunity from suit by Kurt Dixon and the Big Mamou, Inc. (collectively
referred to as "Dixon") because they did not violate a clearly established
constitutional right when they hel... More... $0 (8/16/2002 - AR )
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Cynthia Yarbrough Johnson et al. v. Cross Oil Refining & Marketing, Inc., et al.
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This appeal is from the Union County Circuit Court's allocation of the proceeds of a settlement in a wrongful-death action. The sole question presented in this appeal is whether the circuit judge improperly applied the collateral-source rule. We hold that he did and reverse and remand for further proceedings.
On January 13, 1999, Clay Yarbrou... More... $428,261 (6/5/2002 - AR )
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D.B. Griffin Warehouse, Inc. v. Margaret Sanders
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Appellant D.B. Griffin Warehouse, Inc. (Griffin), appeals a Phillips County jury verdict awarding Appellee Margaret Sanders (Margaret), individually and as administratrix of the estate of Charles Sanders (Charles), deceased, $1.5 million in damages in a wrongful-death lawsuit for Charles's death when he fell through a skylight while painting Griffi... More... $0 (5/30/2002 - AR )
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Tyrone Lewis v. Reed Lewis Temporaries and Liberty Mutual Insurance Company
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Appellant, Tyrone Lewis, appeals a decision by the Workers' Compensation Commission that declined to order appellee to pay for appellant's pain management treatment as well as his medical bills incurred several years after the accident. On appeal, appellant argues that the Commission erred in finding that treatment by a pain management specialist a... More... $0 (4/17/2002 - AR )
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Bobby Smith, et al. v. Chemical Leaman Tank
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During the course of his employment for Great Lakes Chemical Corp. (Great
Lakes), Bobby D. Smith was injured while unloading a truck owned by Chemical
Leaman Tank Lines, Inc. (Chemical Leaman). Smith and his wife brought this negligence action against Chemical Leaman,1 and Great Lakes intervened. The
plaintiffs and Chemical Leaman agreed to a se... More... $0 (3/27/2002 - AR )
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General Electric Company v. Lila Gilbert
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This appeal arises from a wrongful-discharge suit. Appellee, Lila Gilbert, was discharged by her former employer, appellant, General Electric Company. A jury found that appellant had wrongfully discharged appellee in violation of the public policy of Arkansas because she was seeking workers' compensation benefits. The jury awarded her $79,525.44, p... More... $79,525 (1/30/2002 - AR )
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Wal-Mart Stores, Inc. v. Judy Stotts
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The appellants, Wal-Mart Stores, Inc. ("Wal-Mart"), and Claims Management, Inc., appeal from an order of the Arkansas Workers' Compensation Commission in which the Commission affirmed an Administrative Law Judge's (ALJ) finding that appellee, Judy Stotts, sustained a compensable injury. Appellee is employed in the accounting department of appellant... More... $0 (10/10/2001 - AR )
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Moore v. Pulaski County Special School District
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This case began with a frightening incident involving a teacher, appellant Mildred Moore, at Northwood Junior High School, where she taught home economics. On December 4, 1996, appellant discovered in her iced tea glass and pitcher some rat poison and straight pins that an investigation revealed had been placed there by one or more students. In the... More... $0 (5/2/2001 - AR )
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Freeman v. Con-Agra Frozen Foods
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In our original opinion in this appeal, Freeman v. Con-Agra Frozen Foods, 70 Ark. App. 306, 19 S.W.3d 43 (2000), we reversed the Workers' Compensation Commission's decision that denied appellant benefits. Appelleetimely filed a petition for rehearing and argues that we erroneously evaluated the evidence and came to an erroneous conclusion. In light... More... $0 (10/4/2000 - AR )
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Ritchie Grocery v. Sherry K. Glass
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Ritchie Grocery (Ritchie) appeals from an order of the Arkansas Workers' Compensation Commission that awarded one of its employees, Sherry Glass, who was the victim of an armed robbery, medical benefits for treatment of post-traumatic-stress disorder (PTSD). On appeal, it argues that the Commission erred in its decision because it misinterpreted th... More... $0 (6/4/2000 - AR )
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Anna F. Smith, et al. v. The Travelers Insurance Company and Dan Ray
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On Friday, August 19, 1994, Alva Smith, a truck driver for
Gerald Johnson Trucking, died in a one-vehicle accident on
Highway 412 in Springdale, in the course and scope of his
employment. Travelers was notified of the accident and assigned
Dan Ray to the claim on the day of the accident. The Arkansas
State Police investigated... More... $225,000 (6/10/1999 - AR )
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Maudie Baker v. Frozen Food Express Transport
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Appellant, Maudie Baker, an Alabama resident, challenges the Arkansas Workers' Compensation Commission's determination that it lacked jurisdiction to hear her claim against the appellee, Frozen Food Express Transport ("FFE"), a Texas Company. Baker filed her claim against FFE seeking benefits as a result of a June 24, 1995, injury that occurred at ... More... $26,782 (3/8/1999 - AR )
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Beliew v. Stuttgart Rice Mill
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David Beliew brings this appeal from the Arkansas Workers' Compensation Commission and challenges whether the Commission correctly (1) determined the proper compensation rate, (2) found that the Death and Permanent Total Disability Trust Fund's liability for payments did not begin until December 1997, and (3) found that additional payments made by ... More... $75,000 (2/12/1999 - AR )
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Beliew v. Stuttgart Rice Mill
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David Beliew brings this appeal from the Arkansas Workers' Compensation Commission and challenges whether the Commission correctly (1) determined the proper compensation rate, (2) found that the Death and Permanent Total Disability Trust Fund's liability for payments did not begin until December 1997, and (3) found that additional payments made by ... More... $75,000 (2/12/1999 - AR )
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Beliew v. Stuttgart Rice Mill
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David Beliew brings this appeal from the Arkansas Workers' Compensation Commission and challenges whether the Commission correctly (1) determined the proper compensation rate, (2) found that the Death and Permanent Total Disability Trust Fund's liability for payments did not begin until December 1997, and (3) found that additional payments made by ... More... $75,000 (2/12/1999 - AR )
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Beliew v. Stuttgart Rice Mill
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David Beliew brings this appeal from the Arkansas Workers' Compensation Commission and challenges whether the Commission correctly (1) determined the proper compensation rate, (2) found that the Death and Permanent Total Disability Trust Fund's liability for payments did not begin until December 1997, and (3) found that additional payments made by ... More... $75,000 (2/12/1999 - AR )
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Beliew v. Stuttgart Rice Mill
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David Beliew brings this appeal from the Arkansas Workers' Compensation Commission and challenges whether the Commission correctly (1) determined the proper compensation rate, (2) found that the Death and Permanent Total Disability Trust Fund's liability for payments did not begin until December 1997, and (3) found that additional payments made by ... More... $75,000 (2/12/1999 - AR )
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Crossett Sch. Dist. v. Fulton
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Appellant Crossett School District appeals the decision of the Workers' Compensation Commission affirming the administrative law judge's decision allowing benefits for appellee Virginia Fulton for an injury she received while at work. The Commission found that appellee was engaged in a primary duty of her employment when she fell in the parking lot... More... $0 (2/10/1999 - AR )
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