Supreme Court of Arkansas

Gale A. Askins, Appellant v. Kroger Limited Partnership I and Sedgwick Claims Management, Appellees

January 25, 2018535 S.W.3d 629

Summary

The court affirmed the Commission’s denial of benefits, holding that substantial evidence supported its finding that Askins fainted because of a preexisting arrhythmic condition and therefore suffered an idiopathic, noncompensable fall rather than an unexplained compensable injury. The court also rejected application of the positional-risk and increased-risk doctrines because the risk was personal to Askins and her employment did not increase her risk of injury. Justice Baker, joined by Justice Hart, dissented and would have found an unexplained compensable injury and reversed and remanded for an award of benefits.