Legal Opinion · Dissent

Pack v. Little Rock Convention & Visitors Bureau

Court of Appeals of Arkansas

Decided December 7, 2011No. CA 11-314Published

1DissentDoug Martin, Judge

I respectfully dissent from the majority’s opinion. I would reverse and remand this case for the Commission to determine which services offered by Timber Ridge would be provided for the purpose of “tending or ministering to” David Pack’s compensable brain injury and award an appropriate amount attributable solely to those services that qualify as nursing services.

In addition to finding that the employer is not liable for residential placement at Timber Ridge, the Commission found that “ongoing therapeutic, recreational, and educational activities” offered by the facility are not “nursing…

2Cases cited4 opinions

  1. Martin Charcoal, Inc. v. BrittCourt of Appeals of Arkansas · 2008
  2. Artex Hydrophonics, Inc. v. PippinCourt of Appeals of Arkansas · 1983
  3. Dresser Minerals v. HuntSupreme Court of Arkansas · 1977
  4. Tibbs v. Dixie Bearings, Inc.Court of Appeals of Arkansas · 1983

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