## Facts

- Allie Crelia worked for Rheem Manufacturing Company in factory employment.
- On August 5, 2002, Crelia sustained an admittedly compensable injury when four fingers on her right (dominant) hand were amputated while she operated a press.
- Rheem’s carrier accepted and paid benefits based on a 63% anatomical impairment rating to Crelia’s right hand (a scheduled injury).
- Crelia developed post-traumatic stress disorder following the accident.
- Crelia also developed epicondylitis in her left arm/elbow, attributed to overcompensating for the right-hand injury, and she received benefits for that condition.
- Crelia had preexisting foot-ulcer problems that limited how long she could stand or walk.
- At the time of the workers’ compensation hearing, Crelia was 64 years old, had a high-school education, and had worked in factory jobs throughout her working life.
- A functional-capacity evaluation found Crelia capable of performing medium work.
- Rheem offered Crelia a janitorial position and expressed willingness to accommodate her restrictions, including permitting her to sit and stand as needed and limiting her work area to Rheem’s administrative offices.
- Crelia declined the offered job.
- The administrative law judge found Crelia was not permanently and totally disabled and therefore was not entitled to benefits exceeding those tied to the scheduled injury rating; the Workers’ Compensation Commission affirmed.
- Crelia appealed, challenging the denial of permanent total disability and the denial of wage-loss disability above the scheduled impairment rating.

## Issues

1. Whether substantial evidence supported the Commission’s finding that Crelia failed to prove permanent total disability under Ark. Code Ann. § 11-9-519(e)(1).
2. Whether substantial evidence supported the Commission’s finding that Crelia was not entitled to wage-loss disability benefits beyond the 63% scheduled impairment rating to her right hand.

## Decision

- The Arkansas Court of Appeals affirmed the Commission’s decision.
- The court held substantial evidence supported the finding that Crelia did not prove she was unable, because of the compensable injury, to earn any meaningful wages.
- The court also held substantial evidence supported the denial of wage-loss disability benefits above the scheduled permanent partial disability rating for the right-hand injury.
- The court noted it would not address a broader statutory-interpretation question about permanent total disability benefits in scheduled-injury cases because the appellees did not cross-appeal that issue.

## Legal Principles

- “Permanent total disability” means the inability, because of compensable injury or occupational disease, to earn any meaningful wages in the same or other employment. Ark. Code Ann. § 11-9-519(e)(1).
- The claimant bears the burden of proving entitlement to permanent total disability benefits.
- Appellate review of Commission decisions is limited to whether the decision is supported by substantial evidence; the evidence is viewed in the light most favorable to the Commission’s findings.
- The Commission determines credibility and the weight to give medical and lay testimony; an appellate court does not reweigh evidence or replace the Commission’s fact-finding when reasonable minds could reach the same result.
- For scheduled injuries, benefits generally follow the statutory schedule; additional benefits turn on proof meeting the applicable statutory standard, including the definition of permanent total disability when such benefits are sought.

## Conclusion

The court affirmed the denial of permanent total disability and additional wage-loss benefits because substantial evidence supported the Commission’s finding that Crelia retained earning capacity—supported by the functional-capacity evaluation and Rheem’s offer of accommodated work that she declined—so she did not prove an inability to earn any meaningful wages and was not entitled to benefits beyond the scheduled impairment rating.


Crelia v. Rheem Manufacturing Co., 99 Ark. App. 73, 257 S.W.3d 115 (2007)