{ "id": 1715521, "name": "Dorothy ALRED v. JACKSON ATLANTIC, INC.", "name_abbreviation": "Alred v. Jackson Atlantic, Inc.", "decision_date": "1980-02-27", "docket_number": "CA 79-313", "first_page": "695", "last_page": "701", "citations": [ { "type": "official", "cite": "268 Ark. 695" }, { "type": "parallel", "cite": "595 S.W.2d 249" } ], "court": { "name_abbreviation": "Ark. Ct. App.", "id": 13370, "name": "Arkansas Court of Appeals" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "237 Ark. 448", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1737990 ], "weight": 2, "year": 1963, "opinion_index": 0, "case_paths": [ "/ark/237/0448-01" ] }, { "cite": "257 Ark. 587", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 8721993 ], "weight": 2, "year": 1975, "opinion_index": 0, "case_paths": [ "/ark/257/0587-01" ] }, { "cite": "224 Ark. 387", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1646568 ], "weight": 2, "year": 1954, "opinion_index": 0, "case_paths": [ "/ark/224/0387-01" ] }, { "cite": "226 Ark. 388", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 8720557 ], "weight": 2, "year": 1956, "opinion_index": 0, "case_paths": [ "/ark/226/0388-01" ] }, { "cite": "265 Ark. 16", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1664695 ], "weight": 3, "year": 1979, "pin_cites": [ { "page": "17" } ], "opinion_index": 0, "case_paths": [ "/ark/265/0016-01" ] }, { "cite": "256 Ark. 16", "category": "reporters:state", "reporter": "Ark.", "year": 1979, "opinion_index": 1 } ], "analysis": { "cardinality": 539, "char_count": 10955, "ocr_confidence": 0.895, "pagerank": { "raw": 1.7437490307778618e-07, "percentile": 0.7074514769007768 }, "sha256": "afa52d6436053681e6ac1410c3f317b55b7b68d9fb71763c7913cfe7d0e89dcf", "simhash": "1:23766949d0654428", "word_count": 1781 }, "last_updated": "2023-07-14T19:03:10.426772+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Penix, J., dissents." ], "parties": [ "Dorothy ALRED v. JACKSON ATLANTIC, INC." ], "opinions": [ { "text": "M. Steele Hays, Judge.\nThis is a workers\u2019 compensation case. Claimant, Dorothy Aired, suffered a compensable injury in July of 1970. This injury arose out of and in the course of her employment with the respondent, Jackson Atlantic, Inc. Claimant was awarded temporary total disability benefits and payment of all medical bills and 75% of all hospital costs. In addition, the Administrative Law Judge awarded all \u201creasonable future medical expenses\u201d, recognizing a need of future medical treatment of the claimant. No appeal was taken from this judgment.\nClaimant was initially treated by Dr. John Lohstoeter for her injuries. However, subsequent to the time, of the award, claimant began seeing Dr. C. G. Pearce. She continued seeing Dr. Pearce until July or August of 1976. The last payment made to Dr. Pearce by the respondent was August 11, 1976.\nIn March of 1978, claimant went back to see Dr. Lohstoeter because of pain in her leg and neck. According to Dr. Lohstoeter, claimant was found to have a \u201cdiscal and inflammatory problem which was with an almost complete blockage of cerebral spinal fluid due to ruptured disc\u201d. Surgery was recommended and performed in April of 1978. Medical and hospital bills related to the surgery were sent to the respondent. Respondent controverted all payments, alleging that the claim was barred by the statute of limitations set forth in Ark. Stat. Ann. \u00a7 81-1318 (b).\nA hearing was held before the Administrative Law Judge on June 19, 1979. At the hearing, it was undisputed that drug payments were made by the respondent between the time that the last payment was made to Dr. Pearce and the time the present claim was made for surgery and related expenses. However, in an affidavit presented by the Insurance Administrator showing payments made by the respondent, the payments for medicine were not included. It was alleged that drug payments do not toll the statute of limitations in \u00a7 81-1318(c) as interpreted by the Arkansas Supreme Court in Mohawk Rubber Company v. Thompson, 265 Ark. 16 (1979). The Administrative Law Judge agreed with respondent and held that the claim was barred by the statute of limitations. The commission affirmed the holding of the Administrative Law Judge with one commissioner dissenting. Claimant now brings this appeal.\nThe issue before this court is whether payments for medicine by a respondent are considered \u201cpayment of compensation\u201d for purposes of tolling the statute of limitations. This is not a case of first impression in Arkansas. Ark. Stat. Ann. \u00a7 1318(b) states:\nIn cases where compensation for disability has been paid on account of injury, a claim for additional compensation shall be barred unless filed with the Commission within one (1) year from the date of the last payment of compensation, or (2) years from the date of the injury, whichever is greater.\nHence, we must now determine whether payments for medicine come within the purview of \u201cpayment of compensation\u201d as set forth in the statute. The Workers\u2019 Compensation Act provides in Ark. Stat. Ann. \u00a7 81-1302(i):\n\u2018Compensation\u2019 means the money allowance payable to the employee or to his dependents, and includes the allowances provided for in [\u00a7 81-1311], and funeral expenses.\nArk. Stat. Ann. \u00a7 81-1311 provides:\nThe employer shall promptly provide for an injured employee such medical, surgical, hospital, and nursing services, and medicine ... as may be reasonably necessary for the treatment of the injury received by the employee.\nHence, we conclude that payments for medicine are a part of \u201ccompensation\u201d within the meaning of the Workers\u2019 Compensation Act. The Arkansas Supreme Court has interpreted the act accordingly. Reynold Metals Company v. Brumley, 226 Ark. 388, 290 S.W. 2d 211 (1956); Ragan v. Great American Indemnity Company, 224 Ark. 387, 273 S.W. 2d 524 (1954).\nNevertheless, respondents contend that the 1968 Amendment to \u00a7 1318(b) changed the meaning of the statute to the extent that payment for medicine does not constitute \u201ccompensation\u201d. The amendment to the statute added this sentence:\nThe time limitations of this subsection shall not apply to claims for replacement of medicine, crutches, artificial limbs and other apparatus permanently or indefinitely required as the result of a compensable injury, where the employer or carrier previously furnished such medical supplies.\nWe fail to see how this amendment to the statute altered the existing rule that payment for medicine is still considered \u201ccompensation\u201d under the Act.\nRespondent contends that the Arkansas Supreme Court interpreted the amendment to mean that \u201creplacement of medicine, crutches, artificial limbs and other apparatus\u201d will not toll the statute in the case of Mohawk Rubber Company v. Thompson, supra. In order to better understand the holding of Mohawk, the sequence of events should be set out:\nAugust 31, 1971: Claimant\u2019s foot was injured\nAugust 24, 1972; Lump sum settlement\nAugust 10, 1973: Claimant was seen by Dr. Chakalas and furnished a pair of orthopedic shoes\nNovember 8, 1973: Carrier paid for shoes\nDecember 13, 1973: Carrier paid Dr. Chakalas\nAugust. 28, 1974: Claimant was furnished with a second pair of shoes\nJanuary 23, 1975: Carrier paid for the second pair\nMay 27, 1975: Present claim for additional benefits [extracted from 265 Ark. at 17]\nFirst of all, the court held that the statute is tolled by the \u201cactual furnishing of services\u201d, and will not be tolled again when the services are paid for. Hence, the statute ran uninterrupted from August 10, 1973, to August 28, 1974, when claimant was furnished a second pair of shoes. The commission held that the furnishing of the second pair tolled the statute again. But the Arkansas Supreme Court reversed, holding that the statute had already run, and that because of the 1968 amendment, respondent would be liable for the cost of the orthopedic shoes, but this would not start a new period for purposes of the statute of limitations. The court specifically adverted to this point:\nThis case illustrates the beneficient purpose of the amendment, for without it this claimant would not have been able to obtain a second free pair of orthopedic shoes on August 28, 1974, because both the two-year and the one-year statutes had already run . . . The exception cannot fairly be broadened to mean, for example, that simply because a crutch furnished by the employer happens to break and need replacement ten years later, a new period of limitations should begin to run with regard to claims for surgery, permanent partial or total disability, and all the other benefits provided by the Act.\nWith this rule in mind, we can draw a distinction between Mohawk Rubber Company v. Thompson and the instant case. In Thompson, the statute of limitations had already run uninterrupted for a period over one year when the second pair of orthopedic shoes was furnished. Hence, although the respondent was liable under the 1968 amendment for the cost of the second pair of orthopedic shoes, it did not start a new period with respect to the statute of limitations.\nIn the instant case, there is evidence in the record to indicate that claimant may have been receiving medicine during the period in which respondent claims that the one year statute of limitations had run uninterrupted. For instance, a letter dated May 24, 1978, from respondent to Dr. Lohstoeter states:\nMunford, Inc., is continuing under responsibility to provide medical benefits to Dorothy Aired as the result of July 3, 1970 injury. We, as you may know, are continuing to receive various hospital bills and bills from other suppliers for treatment to Mrs. Aired.\nAlso, claimant testified at the hearing that she was receiving medication for pain during the period in question. Finally, an affidavit by the Insurance Administrator reflecting various payments expressly stated that it was \u201cexclusive\u201d of any payments made for medication.\nFor the reasons stated above, we find that payments for medicine constitute \u201cpayment of compensation\u201d within the meaning of Ark. Stat. Ann. \u00a7 81-1318(b). The Workers\u2019 Compensation Act is highly remedial and is therefore entitled to a liberal construction. Mohawk Tire & Rubber Company v. Brider, 257 Ark. 587, 518 S.W. 2d 499 (1975); McGeehee Hatchery v. Gunter, 237 Ark. 448, 373 S.W. 2d 401 (1963). This holding does not mean that a claimant may toll the statute merely by refilling a prescription. The statute specifically says medication which is \u201creasonably necessary\u201d for the injury suffered. What is considered \u201creasonably necessary\u201d will depend on the facts and circumstances of each case.\nTherefore, the case is reversed and remanded with directions to the commission to accept evidence of payments for medicine, to determine if such medicine was \u201creasonably necessary\u201d for treatment of this injury, and, if so, to treat such services as \u201ccompensation\u201d.\nReversed and remanded.\nPenix, J., dissents.", "type": "majority", "author": "M. Steele Hays, Judge." }, { "text": "Marian F. Penix, Judge,\ndissenting. The last payment of \u201ccompensation\u201d was made to Dr. C. G. Pearce on August 11, 1976. After this date the claimant received payment foe drugs. In March 1978 the claimant saw Dr. Lohstoeter ancl was operated on by him. More than one year had elapsed and the administrative Judge and the Commission found the payment of the medical bills arising from Dr. Lohstoeter\u2019s surgery and treatment to be barred by the one (1) year Statute of Limitations.\nThe Commission found the drug payments made after August 11, 1976, do not toll the Statute of Limitations set forth in Ark. Stat. Ann. \u00a7 81-1318(b) as interpreted by the Arkansas Supreme Court in Mohawk Rubber Co. v. Thompson, 256 Ark. 16 (1979). The Court in Mohawk, supra, said:\n. . . The scope of a reasonable and logical exception to the rule of limitations should not be extended beyond the defect that it was evidently designed to correct. Even a liberal construction of a statute must still be consistent with its basic intent.\nThe respondent paid for claimant\u2019s \u201creplacement of medicine\u201d. Ark. Stat. Ann. \u00a7 81-1318(b). This did not toll the Statute.\nIn the Administrative Judge\u2019s order of September 18, 1974, he provided: \u201cThe respondents shall pay for the claimant\u2019s reasonable future medical expenses.\u201d This language does not serve to allow future medical expenses ad infinitum. Such an order is not possible. The correct interpretation of Judge Rebsamen\u2019s order is that the respondent is responsible for the payment of all reasonable future medical expenses provided claims are made within the time permitted by the Statute of Limitations.\nThe majority opinion attempts to change the law in Arkansas regarding the time frame within which compensation claims must be made.\nI respectfully dissent.", "type": "dissent", "author": "Marian F. Penix, Judge," } ], "attorneys": [ "Henry J. Osterloh, for appellant.", "Wright, Lindsey & Jennings, for appellee." ], "corrections": "", "head_matter": "Dorothy ALRED v. JACKSON ATLANTIC, INC.\nCA 79-313\n595 S.W. 2d 249\nCourt of Appeals of Arkansas\nOpinion delivered February 27, 1980\nReleased for publication March 19, 1980\nHenry J. Osterloh, for appellant.\nWright, Lindsey & Jennings, for appellee." }, "file_name": "0695-01", "first_page_order": 731, "last_page_order": 737 }