Hernandez v. Wal-Mart Associates, Inc.
Court of Appeals of Arkansas
1DissentKaren R. Baker, Judge
The majority affirms this case reasoning that the analysis involves the competing opinions of two doctors. Characterizing the opinions as merely conflicting medical evidence, the májority further concludes that the resolution of the conflict was a question for the Commission leaving this court powerless to reverse the decision. While credibility is certainly the province of the Commission, it is the duty of this court to determine’whether the Commission’s decision is legally sound. In this case, the decision is not. The majority acknowledges that the basis of the Dr. Moffitt’s opinion…
2Cases cited11 opinions
- Singleton v. City of Pine BluffCourt of Appeals of Arkansas · 2006
- Swift-Eckrich, Inc. v. BrockCourt of Appeals of Arkansas · 1998
- Smith v. County Market/Southeast FoodsCourt of Appeals of Arkansas · 2001
- Bohannon v. Walmart Stores, Inc.Court of Appeals of Arkansas · 2008
- Pyle v. Woodfield, Inc.Court of Appeals of Arkansas · 2009
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