Legal Opinion · Dissent

Copeland v. Danvers Corp.

Court of Appeals of Arkansas

Decided February 13, 1980No. CA 79-232Published

1DissentMarian F. Penix, Judge

The majority has conjectured as to what Dr. Lynch “meant to say”. As an appellate court we are not allowed to go outside the record and speculate as to what a witness intended by his words. This is a determination for the fact finder.

The credibility of a witness is a matter to be assessed by the fact finder — the Workers’ Compensation Commission. Dena Construction Company v. Herndon, 264 Ark. 791, 575 S.W. 2d 155 (1979); Mass Merchandise Inc. v. Harp, 259 Ark. 830, 536 S.W. 2d 729 (1976); May v. Crompton-Arkansas Mills Inc., 253 Ark. 1080, 490 S.W. 2d 794 (1973).

The Workers’ Compensation…

2Cases cited3 opinions

  1. Dena Construction Co. v. HerndonSupreme Court of Arkansas · 1979
  2. May v. Crompton-Arkansas Mills, Inc.Supreme Court of Arkansas · 1973
  3. Mass Merchandisers, Inc. v. HarpSupreme Court of Arkansas · 1976

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