Legal Opinion · Dissent

Davis v. Old Dominion Freight Line, Inc.

Court of Appeals of Arkansas

Decided January 26, 2000No. CA 99-26Published

1DissentWendell L. Griffen, Judge

In reversing the Workers’ Compensation Commission’s decision that denied the claim for additional benefits asserted by Randy Davis, the majority has blatantly read Ark. Code Ann. § 11 — 9— 102 (5) (F) (iii) out of our workers’ compensation law. The statute reads as follows:

Under this subdivision (5)(F), benefits shall not be payable for a condition which results from a nonwork-related independent intervening cause following a compensable injury which causes or prolongs disability or a need for treatment. A nonwork-related independent intervening cause does not require negligence or…

2Cases cited12 opinions

  1. Bearden Lumber Co. v. BondCourt of Appeals of Arkansas · 1983
  2. Moss v. El Dorado Drilling Co.Supreme Court of Arkansas · 1963
  3. Guidry v. J & R Eads Construction Co.Court of Appeals of Arkansas · 1984
  4. Service Chevrolet v. AtwoodCourt of Appeals of Arkansas · 1998
  5. Littles v. FlemingsSupreme Court of Arkansas · 1998

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