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| Olden v. State, CACR06-1401,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 9, 2007, Decided
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Overview: Probation was revoked under Ark. Code Ann. § 5-4-309(d) where the State established that defendant had committed the crime of rape; it did not matter that other actions by defendant really constituted a threat, rather than sexual indecency with a child under Ark. Code Ann. § 5-14-110.
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| Stutzman v. Baxter Healthcare Corp. , CA06-1159,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 9, 2007, Decided
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Overview: The reversal of an award of workers' compensation benefits to the employee was proper because the Workers' Compensation Commission determined that the employee was not a credible witness, and it noted the medical opinions of two doctors that her work activity did not cause or aggravate her carpal tunnel syndrome.
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| Cox v. Cedar Creek , CA06-782,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 9, 2007, Decided
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Overview: In a workers' compensation case, a decision to deny payment for a psychologist was reversed because the findings were insufficient; there was evidence of a specific diagnosis under Ark. Code Ann. § 11-9-113, the record showed evidence of causation, and the issue of licensing was not raised by either party.
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| Eads v. Rogers Group, Inc. , CA06-1220,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 9, 2007, Decided
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Overview: The Arkansas Workers' Compensation Commission correctly concluded that an employee's shoulder injury did not meet the definition of rapid and repetitive motion required under Ark. Code Ann. § 11-9-102(4)(A)(ii)(a) where the evidence showed that he spent 5 to 20 minutes driving in between performing the task of turning a dump truck around.
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| Edwards v. Galloway Sand & Gravel , CA 06-876,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 9, 2007, Decided
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Overview: Finding that a seasonal employee's 52-week work history averaged into a weekly wage of $ 203 under Ark. Code Ann. § 11-9-518 was not in error nor did Workers' Compensation Commission err in finding employee failed to prove connection between his fall at work and complaints of pain in his neck and low back evidenced in medical records months later.
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| Emberg v. Ark. HHS, CA06-1483,
COURT OF APPEALS OF ARKANSAS, May 9, 2007, Decided
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Overview: Parental rights were properly terminated under Ark. Code Ann. § 9-27-341 (Supp. 2005) because the mother's and father's last minute efforts to comply with the reunification case plan were insufficient. Both had tested positive for drugs, had several residences, and were incarcerated during most of the twenty-two month case.
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| Fisher v. State, CACR06-994,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 9, 2007, Decided
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Overview: Defendant's convictions for robbery and burglary as an accomplice to the theft of a video device and a game system in violation of Ark. Code Ann. §§ 5-2-402 and 5-2-403(a) were proper because there were two identifications and a statement from the codefendant that defendant rendered the codefendant aid that enabled him to commit the crime.
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| Ford v. State, CACR 06-615,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 9, 2007, Decided
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Overview: Defendant's sentences to four 20-year sentences and two 6-year sentences, as well as an additional 10-year enhancement after he pled guilty to drug offenses were proper because, although the trial judge accepted the jury's recommendation, it was within her authority to do so and there was no indication that the judge's discretion was inappropriate.
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| Hardin v. Holiday Inn-Airport Wausau Underwriters Ins., CA06-1183,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 9, 2007, Decided
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Overview: Where the employee suffered a slip and fall at work, the Arkansas Workers' Compensation Commission erred by failing to the address the objective medical findings of the physician under Ark. Code Ann. § 11-9-102. The physician found a popping sound in the employee's right patella with an associated contusion.
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| Hughes v. State, CACR06-706,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 9, 2007, Decided
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Overview: Where defendant testified at a revocation proceeding that he had been using drugs during his period of suspension, this was sufficient evidence to support a finding that defendant had violated the conditions of such; therefore, it was unnecessary to determine if a probation officer violated defendant's Fifth Amendment rights.
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