{ "id": 1935037, "name": "Lowell FARNSWORTH v. WHITE COUNTY and Township of Cypert, et al.", "name_abbreviation": "Farnsworth v. White County", "decision_date": "1993-04-19", "docket_number": "92-1237", "first_page": "574", "last_page": "577", "citations": [ { "type": "official", "cite": "312 Ark. 574" }, { "type": "parallel", "cite": "851 S.W.2d 451" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "Ark. Code Ann. \u00a7 14-14-1302", "category": "laws:leg_statute", "reporter": "Ark. Code Ann.", "opinion_index": 0 }, { "cite": "312 Ark. 57", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1935025 ], "weight": 2, "year": 1993, "opinion_index": 0, "case_paths": [ "/ark/312/0057-01" ] }, { "cite": "311 Ark. 405", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1896961 ], "weight": 2, "year": 1993, "opinion_index": 0, "case_paths": [ "/ark/311/0405-01" ] }, { "cite": "847 S.W.2d 392", "category": "reporters:state_regional", "reporter": "S.W.2d", "weight": 2, "year": 1993, "opinion_index": 0 }, { "cite": "312 Ark. 166", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1935117 ], "year": 1993, "opinion_index": 0, "case_paths": [ "/ark/312/0166-01" ] }, { "cite": "Ark. Code Ann. \u00a7\u00a7 14-14-1301", "category": "laws:leg_statute", "reporter": "Ark. Code Ann.", "opinion_index": 0 }, { "cite": "Ark. Code Ann. \u00a7 14-14-1206", "category": "laws:leg_statute", "reporter": "Ark. Code Ann.", "year": 1987, "opinion_index": 0 }, { "cite": "Ark. Code Ann. \u00a7 14-14-1202", "category": "laws:leg_statute", "reporter": "Ark. Code Ann.", "year": 1987, "opinion_index": 0 }, { "cite": "Ark. Code Ann. \u00a7 14-26-101", "category": "laws:leg_statute", "reporter": "Ark. Code Ann.", "weight": 2, "year": 1987, "pin_cites": [ { "parenthetical": "emphasis added" } ], "opinion_index": 0 }, { "cite": "39 Ark. App. 98", "category": "reporters:state", "reporter": "Ark. App.", "case_ids": [ 6137738 ], "weight": 2, "year": 1992, "opinion_index": 0, "case_paths": [ "/ark-app/39/0098-01" ] }, { "cite": "Ark. Code Ann. \u00a7\u00a7 14-14-1301", "category": "laws:leg_statute", "reporter": "Ark. Code Ann.", "pin_cites": [ { "parenthetical": "b" } ], "opinion_index": 1 } ], "analysis": { "cardinality": 347, "char_count": 5642, "ocr_confidence": 0.89, "pagerank": { "raw": 1.7183522568640892e-07, "percentile": 0.7035257654017667 }, "sha256": "35fe0d82dd1682df4bd85ca79fc4ac9d29f090bc566f6a5d9cfb35c3887b76f2", "simhash": "1:624aad89262f8bbc", "word_count": 893 }, "last_updated": "2023-07-14T21:48:25.249850+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Newbern, J., concurs." ], "parties": [ "Lowell FARNSWORTH v. WHITE COUNTY and Township of Cypert, et al." ], "opinions": [ { "text": "Donald L. Corbin, Justice.\nThe Arkansas Court of Appeals reversed the Workers\u2019 Compensation Commission\u2019s affirmance of the administrative law judge\u2019s ruling that appellant was not entitled to recover workers\u2019 compensation benefits. Farnsworth v. White County, 39 Ark. App. 98, 839 S.W.2d 229 (1992). We agree with the finding of the Court of Appeals that appellant, as a duly elected constable for Cypert Township, White County, Arkansas, is a county official and thus is entitled to workers\u2019 compensation benefits. Therefore, we affirm the decision of the Court of Appeals.\nSince we find it hard to improve on the Court of Appeals\u2019 decision, we substantially adopt it herein. Appellant was acting as constable on September 13,1986, when he approached someone riding a three wheeler (ATV) on a county road to inform the individual that this was an unlawful act. The individual and appellant argued and a struggle ensued when appellant tried to arrest the individual. During the struggle, appellant sustained a gunshot wound to his abdomen. From this injury arose a workers\u2019 compensation claim. Appellant argues he is entitled to workers\u2019 compensation under Ark. Code Ann. \u00a7 14-26-101 (1987) which requires all counties \u201cto provide workers\u2019 compensation coverage for their officials, employees, and municipal volunteer fire fighters.\u201d Appellees contend appellant does not qualify as a county official, employee or municipal volunteer fire fighter and is thus not entitled to compensation.\nThe Commission found that appellant did not fall within any of the three categories for whom the county is required to furnish workers\u2019 compensation. It was also noted that the definition of \u201cemployee\u201d cited by appellant in Ark. Code Ann. \u00a7 14-14-1202 (1987) and Ark. Code Ann. \u00a7 14-14-1206 (1987) did not relate to coverage for workers\u2019 compensation purposes but rather involved personnel matters. We agree with the Commission that appellant was not an employee of the county as that term has been defined in section 14-14-1206 due to the fact he was not receiving a salary. However we disagree in regard to the finding that appellant was not an \u201cofficial\u201d of the county.\nTitle 14 of Arkansas Code Annotated is entitled \u201cLocal Government.\u201d Subtitle 2 under Title 14 is entitled \u201cCounty Government.\u201d This subtitle is divided into Chapters 13 through 26. The provisions regarding workers\u2019 compensation are found in Chapter 26, which provides workers\u2019 compensation coverage,for all county \u201cofficials, employees and municipal volunteer fire fighters.\u201d Ark. Code Ann. \u00a7 14-26-101 (emphasis added). The term \u201cofficials\u201d is not defined in Chapter 26; however, Chapter 14, Subchapter 13 codified at Ark. Code Ann. \u00a7\u00a7 14-14-1301 \u2014 14-14-1313 (1987) is titled \u201cOfficers Generally.\u201d Pertinent to this case is section 14-14-1301(b) which is entitled, \u201cQuorum Court District and Township Officers,\u201d and provides in pertinent part:\nThere shall be elected in each township, as preserved and continued in \u00a7 14-14-401, one (1) constable who shall have the qualifications and perform such duties as may be provided by law.\nThis section also includes other elected officials such as county judges, county clerks and sheriffs.\nThe first step in interpreting a statute is to construe it just as it reads by giving words their ordinary and usually accepted meaning. American Casualty Co. v. Mason, 312 Ark. 166, 847 S.W.2d 392 (1993). When interpreting an act, it is permissible to examine its title. Id. Parts of statutes relating to the same subject matter must be read in light of each other. City of Fort Smith v. Tate, 311 Ark. 405, 844 S.W.2d 356 (1993); Phillips v. City of Eureka Springs, 312 Ark. 57, 847 S.W.2d 21 (1993). The workers\u2019 compensation chapter is within the same subtitle, County Government, as the chapter referring to \u201cOfficers Generally.\u201d Constables are included within this designation. The election of officers, and the term of years a constable shall hold office are set out in Ark. Code Ann. \u00a7 14-14-1302. All of these statutes involve the same subject matter. Based on the plain meaning of the words, the titles of the sections and the subject matter involved we hold that appellant, as a constable, is an official of the county and thus covered by workers\u2019 compensation. We therefore affirm the decision of the Court of Appeals.\nNewbern, J., concurs.\nThe Commission also found that appellant was not entitled to temporary total disability benefits due to the fact he was not receiving any wages upon which an award could be based. This finding has not been challenged in this appeal; therefore, we express no opinion on the validity of this finding.", "type": "majority", "author": "Donald L. Corbin, Justice." }, { "text": "David Newbern, Justice,\nconcurring. The majority opinion reaches the correct result, but I believe it can be explained with less confusion simply by pointing out that Ark. Code Ann. \u00a7 14-14-1301 (b)(2) (1987) establishes constable as an elected township officer. Arkansas Code Ann. \u00a7 14-14-1202(b)(l)(A) (1987) provides with respect to ethical standards for county government that \u201cofficers and employees of county government shall include ... all elected . . . township officers.\u201d Arkansas Code Ann. \u00a7 14-26-101 (1987) requires all counties \u201cto provide workers\u2019 compensation coverage for their officials . . . .\u201d It is thus clear that the General Assembly regards constables as county officers, and Farnsworth' is entitled to coverage.", "type": "concurrence", "author": "David Newbern, Justice," } ], "attorneys": [ "Anthony W. Bartels, for appellant.", "Matthews, Sanders, Liles & Sayes, by: Marci Talbot Liles, for appellees. ." ], "corrections": "", "head_matter": "Lowell FARNSWORTH v. WHITE COUNTY and Township of Cypert, et al.\n92-1237\n851 S.W.2d 451\nSupreme Court of Arkansas\nOpinion delivered April 19, 1993\nAnthony W. Bartels, for appellant.\nMatthews, Sanders, Liles & Sayes, by: Marci Talbot Liles, for appellees. ." }, "file_name": "0574-01", "first_page_order": 604, "last_page_order": 607 }