Arkansas, April, 2009, State Case law

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State Courts - Arkansas - April 15, 2009

Anderson v. Anderson, No. CA 08-1110, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 15, 2009, Opinion Delivered
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Overview: Trial court did not err in a divorce action in awarding custody of parties' child to the wife because the evidence showed that during their marriage in the same household, the wife provided the day-to-day care, especially considering that the husband's employment required him to be absent for weeks at a time; husband was awarded liberal visitation.

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Anderson v. State, No. CACR08-853, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 15, 2009, Opinion Delivered
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Overview: Revocation of suspended sentence was affirmed, because defendant was driving while intoxicated with a loaded gun accessible to his three minor children, one of whom gained possession of the gun, and defendant demonstrated no evidence or argument that the audio/video tapes of his arrest could logically provide an exculpatory explanation.

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Baty v. Helena Chem. Co., No. CA 08-799, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 15, 2009, Opinion Delivered
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Overview: In a workers' compensation case, a claimant's request for further medical treatment was properly denied because he did not prove that treatment after July 10, 2006, was reasonably necessary under Ark. Code Ann. ? 11-9-508; it was within the province of the Arkansas' Workers' Compensation to decide between the opinion of two conflicting doctors.

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Bean v. Global Geophysical Servs., No. CA08-1340, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 15, 2009, Opinion Delivered
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Overview: Where appellant fell at work an injured his bad knee, the doctor concluded that his fall at work exacerbated the pre-existing arthritis. The Arkansas Workers' Compensation Commission erred by attributing appellant's need for a knee replacement solely to his pre-existing conditions. He was entitled to an award of medical benefits.

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Champion v. State, No. CACR08-1119, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 15, 2009, Opinion Delivered
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Overview: There was no rational basis for the robbery instruction in defendant's trial for aggravated robbery, because defendant denied he committed a robbery and his defense was that he was innocent of any crime, and a conviction of the lesser-included offense would have required a finding that defendant and the victim were untruthful in part.

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Death & Permanent Total Disability Trust Fund v. Knauls, No. CA08-1329, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 15, 2009, Opinion Delivered
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Overview: A finding that the Death and Permanent Total Disability Trust Fund should pay the underpaid amount in permanent and total-disability benefits to an employee was improper because the Commission failed to render a conclusion of law on who was responsible for the payment of the gap in payments and failed to make required findings.

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Finch v. Springhill Surgery Ctr., LLC, CA08-1244, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 15, 2009, Decided
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Overview: Workers' compensation commission erred in finding that a nurse did not sustain a compensable injury for purposes of Ark. Code Ann. ? 11-9-102(4)(B)(iii) because she was not performing employment services; the commission's decision did not address undisputed testimony that the nurse was expected to respond to calls for help even if she was eating.

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Fitzpatrick v. Rheem Mfg. Co., No. CA08-1077, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 15, 2009, Opinion Delivered
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Overview: Employee was properly denied workers' compensation benefits for an injury to his neck because he failed to prove that he sustained a compensable injury under Ark. Code Ann. ? 11-9-102(4)(A)(ii)(a); he did not testify that he had any neck strain while doing his job as a manifold builder or that he had to bend his neck swiftly while doing his work.

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Lyons v. Ark. Dep't of Human Servs., No. CA08-1406, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 15, 2009, Opinion Delivered
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Overview: Mother's parental rights were properly terminated under Ark. Code Ann. ? 9-27-341(b)(3)(B)(vii)(a) where she frequently tested positive for drugs, aborted her drug treatment, was chronically unemployed, did not comply with a case plan or court orders, and failed to resolved her substance abuse issues.

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Razor v. State, No. CACR08-1048, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 15, 2009, Opinion Delivered
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