Cite as 2016 Ark. App. 51
ARKANSAS COURT OF APPEALS
DIVISION I
No. CV-15-579
SISTERS OF MERCY HEALTH Opinion Delivered January 27, 2016
SYSTEM AND ST. MARY ROGERS
MEMORIAL HOSPITAL APPEAL FROM THE ARKANSAS
APPELLANTS WORKERS’ COMPENSATION
COMMISSION [NO. G101582]
V.
JAMES FOUTS
APPELLEE AFFIRMED
PHILLIP T. WHITEAKER, Judge
Sisters of Mercy Health System and St. Mary Rogers Memorial Hospital appeal a
decision by the Arkansas Workers’ Compensation Commission (“Commission”) that James
Fouts, who suffered an admittedly compensable, lower-back injury resulting in a 26%
disability rating to the body as a whole, was permanently and totally disabled and awarded him
benefits. On appeal, appellants argue that there was insufficient evidence that Fouts’s back
injury was the major cause of his disability or that he was incapable of earning any meaningful
wages, and, therefore, the Commission’s determination that he was permanently and totally
disabled was not supported by substantial evidence. Having reviewed the evidence presented,
we disagree and affirm by issuing this memorandum opinion.
We may issue memorandum opinions in any or all of the following cases:
(a) Where the only substantial question involved is the sufficiency of the
evidence;
Cite as 2016 Ark. App. 51
(b) Where the opinion, or findings of fact and conclusions of law, of the
trial court or agency adequately explain the decision and we affirm;
(c) Where the trial court or agency does not abuse its discretion and that
is the only substantial issue involved; and
(d) Where the disposition of the appeal is clearly controlled by a prior
holding of this court or the Arkansas Supreme Court and we do not
find that our holding should be changed or that the case should be
certified to the supreme court.
In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985).
This case falls within categories (a) and (b). The only substantial question on appeal is
whether the Commission’s opinion was supported by sufficient evidence. A review of the
record reflects that it was. Further, the opinion of the administrative law judge, adopted by
the Commission, adequately explained the decision reached. Accordingly, we affirm by
memorandum opinion.
Affirmed.
GRUBER and HOOFMAN, JJ., agree.
Anderson, Murphy & Hopkins, L.L.P., by: Randy P. Murphy, for appellant.
Wren Law Firm, by: Whitney B. James, for appellee.
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