Legal Opinion · Concurrence

Chambers v. Jerry's Department Store, Inc.

Court of Appeals of Arkansas

Decided May 14, 1980No. CA 79-350Published

1ConcurrenceDavid Newbern, Judge

I agree with the result reached in this case, and I do not disagree with any statement made in the opinion. I would like, however, to emphasize the fact that, while it is entirely appropriate to point out the commissions’ obligation to give the benefit of the doubt to the claimant where evidence conflicts, that rule is not the basis of the decision here. I fear that the lengthy recitation of testimony and the statement of the “benefit of doubt” rule might lead one to conclude we are ignoring the “substantial evidence” test. See Johnson v. Valmac Industries, 269 Ark. 626, 599 S.W. 2d 440 (Ark.…

2Cases cited1 opinion

  1. Johnson v. Valmac IndustriesCourt of Appeals of Arkansas · 1980

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