Hapney v. Rheem Manufacturing Co.

Tom Glaze, Justice.

Appellee Rheem Manufacturing Company petitions for rehearing of this court’s June 8, 2000, decision wherein it held that the gradual onset for back injuries specified in Ark. Code Ann. § 11 -9-102(4) (A) (ii) (b) 1 applies to injuries to the neck or cervical spine.

In reaching its decision, the majority court relied in relevant part on the case of Newberg v. Thomas Industries, 852 S.W.2d 339 (Ky. App. 1993). There, the Kentucky Court of Appeals, citing to the American Medical Association’s Guides to the Evaluation of Permanent Impairment (1st ed. 1977), held that the…