Workers Comp for Heat Exhaustion In Arkansas
Can you get Workers Comp for Heat Exhaustion in Arkansas ?
Ark. Code Ann. 11-9-113 is an alternative theory of compensability.
Section 11-9-113 provides in pertinent part:
(a)(1) a mental injury or illness is not a compensable injury unless it is caused by physical injury to the employee's body, and shall not be considered an injury arising out of and in the course of employment or compensable unless it is demonstrated by a preponderance of the evidence; provided, however, that this physical injury limitation shall not apply to any victim of a crime of violence.
(2) No mental injury or illness under this section shall be compensable unless it is also diagnosed by a licensed psychiatrist or psychologist and unless the diagnosis of the condition meets the criteria established in the most current issue of the Diagnostic and Statistical Manual of Mental Disorders.
The Commission, as fact finder, must resolve any conflicts in evidence. Express Human Resources III v. Terry, 61 Ark. App. 258, 968 S.W.2d 630 (1998). the Commission has the authority to accept or reject medical opinion and the authority to determine its medical soundness and probative force; it must use its experience and expertise in translating expert medical testimony into findings of fact. Oak Grove Lumber Co. v. Highfill, 62 Ark. App. 42, 968 S.W.2d 637 (1998).
It is the Commission's responsibility to draw inferences when the testimony is open to more than a single interpretation, whether controverted or uncontroverted; when it does so, its findings have the force and effect of a jury verdict. Id.