Hapney v. Rheem Manufacturing Co.

Although I agree that points two and three of the appeal should be affirmed, I disagree with the majority opinion regarding point one. That point maintains that the Workers’ Compensation Commission erred when it held that the gradual-onset provision of Ark. Code Ann. § ll-9-102(5)(A)(ii)(b) does not render com-pensable an injury to the cervical spine because such an injury is not a “back injury” within the meaning of the statute. I would reverse the Commission on this point because the seven cervical vertebrae are part of the vertebral column known as the spine.

Appellant has been diagnosed as…