{
  "id": 1672669,
  "name": "BATES REEL COMPANY And SILVEY COMPANIES v. David C. BREASHEARS",
  "name_abbreviation": "Bates Reel Co. v. Breashears",
  "decision_date": "1978-07-10",
  "docket_number": "78-55",
  "first_page": "919",
  "last_page": "920",
  "citations": [
    {
      "type": "official",
      "cite": "263 Ark. 919"
    },
    {
      "type": "parallel",
      "cite": "567 S.W.2d 959"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 195,
    "char_count": 2374,
    "ocr_confidence": 0.879,
    "sha256": "c8d9c6468b76229f5401432f1bc7dfb35a6026aab5744b475e766b16646895f8",
    "simhash": "1:99cf8f63184c5b91",
    "word_count": 360
  },
  "last_updated": "2023-07-14T19:12:30.639178+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "We agree: Harris, C.J., and George Rose Smith and Fogleman, JJ."
    ],
    "parties": [
      "BATES REEL COMPANY And SILVEY COMPANIES v. David C. BREASHEARS"
    ],
    "opinions": [
      {
        "text": "Frank Holt, Justice.\nThe Workmen\u2019s Compensation Commission awarded appellee $2,500 for permanent facial disfigurement under the provisions of Ark. Stat. Ann. \u00a7 81-1313 (g) (Repl. 1976). The Commission also found that appellee \u201cmay be entitled to future revisional plastic surgery at [appellants\u2019] expense, provided it is properly secured within the applicable statutory period.\u201d The circuit court affirmed. Appellants\u2019 sole contention on appeal is that the Commission erred in awarding a lump sum amount for permanent disfigurement under \u00a7 81-1313 (g) before appellee had corrective plastic surgery. \u00a7 8.1-1313 (g) provides:\nThe Commission shall award compensation for serious and permanent facial or head disfigurement in a sum not to exceed three thousand five hundred dollars ($3,500). No award for disfigurement shall be entered until twelve (12) months after the injury.\nHere it is undisputed that, as a result of his injuries which necessitated hospitalization and surgery, appellee suffered a compensable disfigurement; a medical possibility existed of improving his cosmetic appearance by revisional plastic surgery; and the award was made more than twelve months following appellee\u2019s injuries. However, appellants argue that it was not the legislative intent to subject an employer, as here, to the expense of a lump sum award plus future medical expenses for plastic surgery. Therefore, appellants insist that any award should be deferred until completion of plastic surgery or until appellee elects to forego such treatment. Appellee responds that by according a liberal interpretation to the act, the Commission\u2019s award was in accordance with the legislative intent.\nTo accept appellee\u2019s view that he is entitled to a lump sum award before the corrective surgery would require us to read into the act something that is manifestly absent. We hold that it was the legislative intent that the Commission should defer a final disfigurement award until completion of appellee\u2019s plastic surgery or until the appellee elects to forego such surgery.\nReversed and remanded.\nWe agree: Harris, C.J., and George Rose Smith and Fogleman, JJ.",
        "type": "majority",
        "author": "Frank Holt, Justice."
      }
    ],
    "attorneys": [
      "Laser, Sharp, Haley, Young & Huckabay, P.A., for appellants.",
      "Gannaway, Harrow & Hanshaw, for appellee."
    ],
    "corrections": "",
    "head_matter": "BATES REEL COMPANY And SILVEY COMPANIES v. David C. BREASHEARS\n78-55\n567 S.W. 2d 959\nOpinion delivered July 10, 1978\n(Division I)\nLaser, Sharp, Haley, Young & Huckabay, P.A., for appellants.\nGannaway, Harrow & Hanshaw, for appellee."
  },
  "file_name": "0919-01",
  "first_page_order": 951,
  "last_page_order": 952
}