Public Employee Claims Division v. Keys

I disagree with the majority’s interpretation of Liberty Mutual Insurance Co. v. Chambers, 76 Ark. App. 286, 288, 64 S.W.3d 775, 777 (2002), because that case simply provides that an employee injured after the 1993 amendment to the Workers’ Compensation Act may be awarded a wheelchair-accessible van. In Chambers, we did not determine the rights of claimants injured before the 1993 amendment, and we certainly did not address whether an employer is required to “replace” a wheelchair accessible van that it had agreed to provide a permanently disabled employee.

Appellee was injured in 1979 and…