Frances v. Gaylord Container Corp
In Frances v. Gaylord Container Corp., 341 Ark. 527, 20 S.W.3d 280 (2000), a workers' compensation claimant was seeking benefits for an injury to his back alleged to have occurred when he was struck in the left side by a scanner while he was clearing away paper from a broken paper machine.
In its opinion, the supreme court noted that Frances's doctor, in a letter report relating to causation, stated that "the mechanism of the injury that Frances describes could produce a lumbar disc injury. The history given that he initially sustained back pain and then four weeks later had recurrent back and leg pain could be consistent with an injury to the disc initially...."
The supreme court held that since the doctor opined only that Frances's work-related accident was the kind of event that "could" cause his resulting back condition, the doctor's opinion was not stated within a reasonable degree of medical certainty as required by Ark. Code Ann. 11-9-102(16)(B)(Supp. 1999).