Watson v. Tayco, Inc.

Olly Neal, Judge.

The appellant, Dianna Watson, appeals from the decision of the Workers’ Compensation Commission (Commission) denying her claim for workers’ compensation benefits because she failed to establish a compensa-ble closed-head injury. We affirm.

The appellant was employed at a McDonald’s owned by the appefiee, Tayco, Inc. On May 10, 2000, while restocking cartons at the fry station, the appellant was hit on the back of the head by a metal plate that fell from the top of the fry station. The appellant experienced such “immense” pain in her neck and head, that she sought treatment in the emergency room. When the appellant arrived at the emergency room, she complained of weakness, nausea, dizziness, blurred vision, and tingling in her upper extremities. An x-ray of the appellant’s neck was performed, and she was given prescription medication.

After the accident, the appellant sought medical treatment several times. She was eventually referred to a neuropsychologist, Van Smith, Ph.D. After performing a neuropsychological evaluation, Smith diagnosed appellant as suffering an “organic brain syndrome, secondary close head injury.” The appellant was also evaluated by appellee’s neuropsychologist, Gary Souheaver, Ph.D. Souheaver also performed a neuropsychological evaluation, and he diagnosed the appellant as suffering from emotional distress.

The appellee controverted the appellant’s claim for workers’ compensation benefits, and a hearing was held on December 7, 2000. At the hearing, the appellant testified that after the accident she began experiencing problems with her balance, headaches, memory problems, and problems with depth perception. She also testified that her speech pattern had changed. The appellant further testified that prior to the accident she had never experienced any mental or emotional problems.

Billie Pilalas, appellant’s mother, testified that since the accident, appellant’s speech has changed and she has memory problems. She stated that after the accident:

[t]he first thing I noticed about her was the fact that when she went into a room, she would hold on to a side of a door like she was stepping off into an abyss or something. And the she would step high like she didn’t know where she was going, what she was going into.

Pilalas explained that she thought this was the result of appellant’s medication. On cross-examination, Pilalas stated that she first began to notice appellant’s problems a couple of weeks after the accident. She went on to say that “[e]ven before that, I had noticed her holding on to things as she walked through rooms.” It’s unclear as to whether this means before or after the accident.

The administrative law judge (ALJ) found that the appellant failed to prove by a preponderance of the evidence the requirements necessary to establish a compensable injury. The ALJ specifically found that the appellant “failed to establish a compensable closed head injury with medical evidence supported by objective findings.” The Commission affirmed and adopted the decision of the ALJ. Appellant now appeals.

When reviewing a decision of the Workers’ Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the fight most favorable to the findings of the Commission, and we affirm that decision if it is supported by substantial evidence. Campbell v, Randal Tyler Ford Mercury, 70 Ark. App. 35, 13 S.W.3d 916 (2000). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Mays v. Alumnitec, Inc., 76 Ark. App. 274, 64 S.W.3d 772 (2001). We will not reverse the Commission’s decision unless we are convinced that fair-minded persons with the same facts before them could not have reached the conclusions arrived at by the Commission. White v. Georgia-Pacific Corp., 339 Ark. 474, 6 S.W.3d 98 (1999). In making our review, we recognize that it is the function of the Commission to determine the credibility of witnesses and the weight to be given their testimony. Wal-Mart Stores, Inc. v. Stotts, 74 Ark. App. 428, 58 S.W.3d 853 (2001).

On appeal, appellant asserts that the Commission erred in finding that she failed to establish a closed-head injury with medical evidence supported by objective findings. The employee has the burden of proving a compensable injury. Carman v. Haworth, Inc., 74 Ark. App. 55, 45 S.W.3d 408 (2001). “A com-pensable injury must be established by medical evidence supported by ‘objective findings.’” Ark. Code Ann. § 11-9-102(4)(D) (Repl. 2002). “‘Objective findings’ are those findings which cannot come under the voluntary control of the patient.” Ark. Code Ann. § ll-9-102-(16)(A)(i) (Repl. 2002).

The ALJ found that “ the only findings contained in the record which suggests that the claimant sustained a closed head injury which has resulted in the problems that she has experienced is found in the results of the neuropsychological cognitive tests administered by Dr. Smith and by Dr. Souheaver.” In Wentz v. Service Master, 75 Ark. App. 296, 57 S.W.3d 753 (2001), we noted that in other courts, neuropsychological testing standing alone is not sufficient evidence of a brain injury; there must be some other objective evidence of such an injury. See also Sloogfors v. Haver-stick-Borthwick Co., 44 Pa. D.&C. 4th 1 (2000). In Wentz, the appellant sustained a brain injury as a result of a work-related accident. We found that, in addition to the neuropsychological testing, there was other objective evidence of a brain injury. See Wentz, supra. This evidence included medical testimony besides that of the neuropsychologist that attributed the appellant’s injury to her work-related accident.

Here, the only evidence suggesting that appellant sustained a compensable closed-head injury was found in the results of the neuropsychological testing; there was no other objective evidence establishing a closed-head injury. The results of the neuropsychological testing standing alone is not enough to establish a compensable injury; therefore we affirm the Commission. Because we hold that the appellant failed to establish a compensa-ble injury, we do not reach her other arguments on appeal.

Affirmed.

Baker, J., agrees. Bird, J., concurs.