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Writer's pictureDennis McCaslin

Arkansas Appellate Court affirms lower court ruling in brain injury case from automobile accident



A physical therapist who suffered a traumatic brain injury in a car accident is not entitled to workers compensation benefits because he was not an employee, the Arkansas Court of Appeals in Little Rock held Wednesday.


According to businessinsurance.com , the appellate court unanimously affirmed an Arkansas Workers Compensation Commission decision after determining that the worker was an independent contractor.


John Davis suffered a permanent brain injury requiring assistance with performing his daily activities in the Oct. 7, 2015 motor vehicle collision.


At the time of his injury, Mr. Davis said, he worked as a physical therapist for Ed Hickman P.A. in Fort Smith, Arkansas, making home patient visits as a licensed physical therapist.


Ed Hickman P.A. and its insurer argued that Mr. Davis was an independent contractor, not an employee. An administrative law judge found in favor of the employer and insurer and the commission affirmed the decision.




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