City of Fayetteville v. Guess

I agree that the decision of the Workers’ Compensation Commission should be affirmed but am not in full accord with the majority opinion’s discussion of the “negative factors” theory invented by the administrative law judge who conducted the hearing in this case.

There should be no occasion to even discuss the law judge’s decision. Twenty years ago the Supreme Court of Arkansas said “it is the duty of the Commission to make a finding according to a preponderance of the evidence, and not whether there is any substantial evidence to support the ruling of the Referee.” Moss v. El Dorado Drilling…