Jonesboro Human Development Center v. Taylor

I respectfully dissent. The appellant in this case is a state agency. The appellant argues that it did not controvert appellee’s request for a change of physicians, and that it merely wanted to know the name of the new doctor. The Commission found that the agency knew or should have known who the new doctor was, and concluded that the agency had in fact controverted the request for change of physicians.

Whether or not a claim has been controverted is a question of fact, Electro-Air v. Villines, 16 Ark. App. 102, 697 S.W.2d 932 (1985), and it is not a question to be determined mechanically.…