Legal Opinion · Dissent

Kildow v. Baldwin Piano & Organ

Court of Appeals of Arkansas

Decided July 2, 1997No. CA 96-1268Published

1DissentWendell L. Griffen, Judge

While I agree that Ark. Code Ann. § 11-9-102(5)(A)(ii) requires proof of rapid repetitive motion in order to establish a compensable carpal tunnel syndrome injury pursuant to that provision of the Workers’ Compensation Law, I disagree with and dissent from the majority opinion because it reverses the Commission’s determination that appellant failed to prove that her carpal tunnel syndrome condition was caused by rapid repetitive motion arising out of and in the course of her employment. Simply put, I cannot agree that mere proof that one performs a given series of tasks “over and over again…

2Cases cited3 opinions

  1. Bryant Stave & Heading Co. v. WhiteSupreme Court of Arkansas · 1956
  2. Baysinger v. Air Systems, Inc.Court of Appeals of Arkansas · 1996
  3. Stallings Bros. Feed Mill v. StovallSupreme Court of Arkansas · 1953

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