Arkansas, April, 2005, State Case law

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State Courts - Arkansas - April 6, 2005

Johnson v. Bonds Fertilizer, Inc., CA 04-1213, COURT OF APPEALS OF ARKANSAS, April 6, 2005, Decided
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Overview: Ark. Code Ann. ? 11-9-711(b)(1)(A) did not bestow upon the Arkansas Workers' Compensation Commission the responsibility of preparing the record that was to be transmitted to the appellate court; therefore, the employee's assertion that his supplemental briefs were necessary were reason enough to include them in the record on appeal.

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Jones Truck Lines v. Pendergrass, CA 04-960, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 6, 2005, Opinion Delivered
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Overview: Decision in favor of an employee for additional benefits following a knee replacement in 2003 for an injury that occurred in 1971 was affirmed as the rehabilitation of his knee could not have been litigated earlier, and the limitations statute did not apply to replacement of the knee joint pursuant to Ark. Code Ann. ? 81-1318(b) (Cum. Supp. 1971).

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Jones v. BAE Sys., CA04-906, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 6, 2005, Decided
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Overview: Employee failed to prove entitlement to workers' compensation benefits; in the absence of objective evidence of an injury, pursuant to Ark. Code Ann. ??11-9-102(4)(D) (Supp. 2003), to the employee's hip or the cause of his condition, speculation would have been required to determine that the hip condition was caused by a work-related incident.

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Logan County v. McDonald, CA 04-976, COURT OF APPEALS OF ARKANSAS, April 6, 2005, Opinion delivered
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Overview: Because an employee was 58 years old, had limited education, and had worked as a mechanic for many years, the Arkansas Workers' Compensation Commission had substantial evidence justifying its decision to award the employee a twenty-five percent wage loss in excess of an impairment rating under Ark. Code Ann. ? 11-9-522(b)(1) (2002).

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Morehouse v. Lawson, CA 04-251, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, April 6, 2005, Opinion delivered
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Overview: There was no requirement that entry of appearance be verified under Ark. R. Civ. P. 4(d)(8) and 11, and waiver of corroboration amounted to husband entering his appearance in action. Thus, trial court had jurisdiction over him, and divorce decree was not void. As there was no fraud, his motion to modify child support obligation was properly denied.

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Powers v. Powers, CA04-941, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, April 6, 2005, Decided
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Overview: A court properly denied a father's motion to modify child support and alimony because the father had forcibly had sex with his minor daughter and, based upon case law, had unclean hands. The father's depression and emotional state attributing to his inability to work were the consequences of his voluntary criminal acts.

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Powhatan Cemetery Ass'n v. Phillips, CA 04-935, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, April 6, 2005, Opinion delivered
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Overview: Court properly used the doctrine of estoppel to establish an easement in favor of appellee and against a cemetery where appellee justifiably believed the representation and believed that the board had the authority to convey the easement because the board had been managing the cemetery's business for decades.

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Rice v. Tanner, CA05-74, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, April 6, 2005, Decided
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Overview: Court denied defendants' motion to dismiss plaintiffs' appeal of order of summary judgment in medical malpractice action because order granting defendants' motions for summary judgment was not the final appealable order in case; the final appealable order was the order dismissing the action and discharging the parties. Hence, the appeal was timely.

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Rice v. Tanner, CA05-74, COURT OF APPEALS OF ARKANSAS, DIVISION FIVE, April 6, 2005, Decided
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Overview: The doctor's and the hospital's motion to dismiss the patient's appeal from an adverse ruling in her medical malpractice lawsuit was denied where the trial court's summary judgment order was not a final appealable order until it discharged the parties from the action and concluded their rights to the subject matter in controversy.

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Riddell Flying Serv. v. Callahan, CA 04-691, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, April 6, 2005, Opinion delivered
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Overview: Given that a worker was controlled by a business, the worker was properly characterized as an employee for workers' compensation purposes; a state commission was not a prime contractor under Ark. Code Ann. ??11-9-402(a) (2002) because it was a contractor to no one.

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