Patterson v. Arkansas Department of Health

I have no serious disagreement with the majority’s view as to the applicable law, but I cannot agree with the majority that the appellee falls prima facie in the odd-lot category as a matter of law.

Certainly whether the claimant is “odd-lot” was initially a fact question for the Commission to decide. See Lewis v. Camelot Hotel, 35 Ark. App. 212, 816 S.W.2d 632 (1991). The factors to be considered in making that assessment are the degree of obvious physical impairment, together with the claimant’s mental capacity, education, training, and age. See Hyman v. Farmland Feed Mill, 24 Ark. App. 63,…