Dardanelle Public Schools and Arkansas School Boards Association v. Andrea Ewton

Dardanelle Public Schools, 2025 Ark. App. 575 (Ark. Ct. App. 2025) · Court of Appeals of Arkansas · December 3, 2025 · No. CV-25-148

Summary

The Arkansas Court of Appeals affirmed the Arkansas Workers’ Compensation Commission’s determination that Andrea Ewton suffered a compensable injury while working as a substitute custodian for Dardanelle Public Schools. The court held that substantial evidence supported the Commission’s finding that Ewton was performing employment services when she was injured while retrieving keys and water from her car. The court deferred to the Commission’s credibility determinations regarding Ewton’s inconsistent statements.

Holdings

  1. The Commission did not err in finding Ewton's knee and ankle injuries compensable because substantial evidence supported the finding that she was performing employment services and advancing her employer's interest when the injury occurred.
  2. The court was bound by the Commission's credibility determination and could not reweigh Ewton's inconsistent statements or substitute the ALJ's credibility findings for those of the Commission.

Questions Presented

  1. Whether substantial evidence supported the Commission's finding that Ewton sustained a compensable injury arising out of and in the course of her employment.
  2. Whether the court could revisit the Commission's credibility determination concerning Ewton's purpose for walking to her car.

Disposition

affirmed

Cases Cited (15)

  • Arkansas Department of Parks & Tourism v. Price, 2016 Ark. App. 109, 483 S.W.3d 320(followed)
  • Bronco Industrial Services, LLC v. Brooks, 2021 Ark. App. 279, 625 S.W.3d 753(followed)
  • Continental Construction Co. v. Nabors, 2015 Ark. App. 60, 454 S.W.3d 762(followed)
  • Pifer v. Single Source Transportation, 347 Ark. 851, 69 S.W.3d 1 (2002)(followed)
  • Centers for Youth & Families v. Wood, 2015 Ark. App. 380, 466 S.W.3d 422(followed)
  • Fulbright v. St. Bernard’s Medical Center, 2016 Ark. App. 417, 502 S.W.3d 540(distinguished)
  • Hill v. LDA Leasing, Inc., 2010 Ark. App. 271, 374 S.W.3d 268(distinguished)
  • Black v. First Step, Inc., 2014 Ark. App. 341(distinguished)
  • Campbell v. Randal Tyler Ford Mercury, Inc., 70 Ark. App. 35, 13 S.W.3d 916 (2000)(distinguished)
  • McKinney v. Trane Co., 84 Ark. App. 424, 143 S.W.3d 581 (2004)(distinguished)

Showing top 10 of 15.

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…