Hapney v. Rheem Manufacturing Co.

I would reverse this case and remand for an award of benefits, because I do not believe that Hapney should be denied benefits for an injury to her lower cervical area with trapezus muscle involvement, given the lack of a precise definition of “back injury” in our Workers’ Compensation Statutes.

In pertinent part, Ark. Code Ann. § 11 — 9—102(5) (A)(ii)(b) (Repl. 1996) defines “Compensable injury” as:(ii) An injury causing internal or external physical harm to the body and arising out of and in the course of employment if it is not caused by a specific incident or is not identifiable by time and…