Legal Opinion · Dissent

Bradley v. Alumax

Court of Appeals of Arkansas

Decided June 14, 1995No. CA 94-743Published

1DissentMelvin Mayfield, Judge

I cannot agree with the majority decision in this case because the Commission did not follow established case law with regard to the odd-lot doctrine, and if that law were applied, fair-minded persons would find that the appellant is totally and permanently disabled. Because the majority opinion paints with such a broad brush, I submit a more detailed summary of the evidence.

At the time of the hearing on October 7, 1992, appellant was 48 years old, had obtained a GED, and over the years had worked at a drive-in; counted seedlings for Weyerhaeuser in a nursery; worked for Deltic Timber at…

2Cases cited9 opinions

  1. M. M. Cohn Co. v. HaileCourt of Appeals of Arkansas · 1979
  2. Joseph JOHNSON, Plaintiff-Appellant, v. Dr. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1990
  3. Moser v. Arkansas Lime Co.Court of Appeals of Arkansas · 1992
  4. Hall's Cleaners v. WorthamSupreme Court of Arkansas · 1992
  5. Nashville Livestock Commission v. CoxSupreme Court of Arkansas · 1990

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