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Diana Vaughan reported pain in her neck, right shoulder and right arm following her shift as a temporary employee at a
Pine Bluff bakery on Sept. 17, 1997, according to court records. She returned to work the next day but was unable to
complete her shift because of increased pain.
Vaughan received disability benefits for her injury, but the commission ruled that she was not entitled to temporary
total disability payments after June 15, 2005, because by that time her healing period had ended.
The Court of Appeals reversed the ruling in June 2007, finding the commission had mistakenly reviewed a different
person's medical record. The court remanded the case to the commission for new proceedings.
The panel later ruled Vaughan's healing period had ended even earlier than it said before - by Jan. 26, 2005. Vaughan
appealed a second time, but the appeals court on Wednesday upheld the commission's decision.
The court cited a doctor's statement on Jan. 26, 2005, that he knew of no further diagnostic testing that would help
Vaughan return to a pain-free life. An employee's healing period is considered ended when the employee is as far
restored as the nature of the injury will permit, the court said.
Judge Wendell Griffen said he regretted the outcome for Vaughan was even less favorable than the ruling she originally
appealed.
"It is unfortunate that appellant successfully appealed a finding that her healing period ended on June 15, 2005, just
to have the commission find that her healing period ended four and a half months prior to that date," Griffen wrote.
"The finding, however, is supported by substantial evidence. Therefore, we must affirm."
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LITTLE ROCK - A Pine Bluff woman won a reversal of an adverse Workers' Compensation Commission ruling because the
commission mistakenly reviewed someone else's medical record, but on Wednesday the state Court of Appeals said her
benefits should be reduced, not increased.