Arkansas, May, 2005, State Case law

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State Courts - Arkansas - May 18, 2005

Reynolds v. Johnson Reg'l Med. Ctr., CA04-1244, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 18, 2005, Decided
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Overview: Arkansas Workers' Compensation Commission specifically credited third doctor's testimony that the surgery on employee's neck was for bone spurs. Record did not show that same was a causal result of her prior compensable injury where two other physicians had found no disc herniation or nerve-root impingement, but had noted degenerative-disc disease.

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Searcy v. Whitwell, CA04-533, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 18, 2005, Decided
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Overview: Issues raised in plaintiff's quiet title petition included invalidity of government's levy and sale of his property. Those issues were resolved against plaintiff in two earlier appeals. They were barred by res judicata and could not be used to support his action. The same was true with respect to the validity of title as to purchasers of property.

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Tilson v. Dir., Ark. Empl. Sec. Dep't., No. E 05-6, COURT OF APPEALS OF ARKANSAS, May 18, 2005, Opinion delivered
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Overview: Because the appellate court was unable to reconcile the Arkansas Board of Review's findings of the claimant's expenditures with the facts in the record and where she had no savings, the board's decision to hold her liable to repay the overpaid unemployment benefits under Ark. Code Ann. ? 11-10-532(b)(1) was not supported by substantial evidence.

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Travelers Cas. & Sur. Co. v. Titsworth, CA04-1119, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 18, 2005, Decided
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Overview: The contractor was entitled to credits from the insurer for equipment leases and independent contractors where the contractor supported his testimony with credible evidence and the insurer did not prove its damages as part of its breach-of-contract claim. The trial judge did err in computing damages, which had to be recalculated.

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