Legal Opinion · Dissent

Conway Convalescent Center v. Murphree

Supreme Court of Arkansas

Decided October 10, 1979No. CA 79-53Published

1DissentMarian F. Penix, Judge

All of the medical testimony indicates claimant’s disability at present is due to the claimant’s obesity and not to the April 28 injury. It is clear that the was grossly overweight prior to the injury. Since the injury her weight has increased by at least 50 lbs. By her own testimony she acknowledged her obesity was from over-eating (T.29) and from not having anything else to do but to eat. (T.30)

Dr. Runyan referred claimant to Dr. Kerry Ozment to evaluate her for a stapling procedure. Dr. Runyan testified the claimant is going to become an “orthopedic disaster” from her weight problem. The…

2Cases cited1 opinion

  1. Moctezuma v. Industrial CommissionCourt of Appeals of Arizona · 1973

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