Askins v. Kroger Ltd. P'ship
Askins v. Kroger Ltd. P'ship
Opinion
Cite as
2017 Ark. App. 165ARKANSAS COURT OF APPEALS DIVISION III No. CV-16-955
GALE A. ASKINS Opinion Delivered: March 15, 2017 APPELLANT APPEAL FROM THE ARKANSAS V. WORKERS’ COMPENSATION COMMISSION [NO. G202018] KROGER LIMITED PARTNERSHIP AND SEDGWICK CLAIMS MANAGEMENT AFFIRMED APPELLEES
RITA W. GRUBER, Chief Judge
In this workers’ compensation case, Gale A. Askins appeals the denial of her claim that
she sustained a compensable injury to her brain while she was working in a Kroger store.
She claimed that her brain injury was caused by a specific incident—that she fell while
carrying a tray of shrimp out of a cooler to serve a customer; alternatively, she claimed that
her injury was unexplained and was therefore compensable. Kroger contested the claim,
contending that Ms. Askins did not sustain an on-the-job injury or, alternatively, that her
ongoing medical condition was not related to any on-the-job accident. On appeal, Ms.
Askins contends that substantial evidence does not support the finding of the Arkansas
Workers’ Compensation Commission that she did not sustain “an unexplained compensable
injury.”
The Commission’s opinion in this case includes a comprehensive review of the medical
records, live testimony, and deposition testimony. Because the opinion adequately explains Cite as
2017 Ark. App. 165its decision and because we conclude that the Commission’s findings are supported by
substantial evidence, we affirm by memorandum opinion. In re Memorandum Opinions,
16 Ark. App. 301,
700 S.W.2d 63(1985).
Affirmed.
VIRDEN and WHITEAKER, JJ., agree.
Mickel & Chapman, by: Thomas W. Mickel and Brooklyn R. Parker, for appellant.
Barber Law Firm, PLLC, by: Michael L. Alexander, for appellees.
2
Reference
- Cited By
- 3 cases
- Status
- Published