Prock v. Bull Shoals Boat Landing

Quite simply, this case involves judicial review of a question of fact. The majority’s opinion represents a significant departure from this court’s traditional review of workers’ compensation cases. The decision of the Arkansas Workers’ Compensation Commission that Prock failed to meet his burden of rebutting the statutory presumption is undoubtedly supported by substantial evidence. In concluding otherwise, a majority of this court fails to adhere to the well-established standard of review, and in doing so, it usurps the authority of the Commission to determine the true facts. Therefore, I…