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ABF Freight Sys. Inc. v. Presley

The evidence supported the State Board of Workers' Compensation's denial of benefits to the claimant, and the superior court improperly substituted its factual findings for those of the Board in reversing the Board's decision.

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Omer Presley sought judicial review of the decision of the State Board of Workers’ Compensation “the Board”, which denied his claim for workers’ compensation benefits. The superior court reversed and remanded the case to the Board for consideration of certain evidence. ABF filed an application for discretionary review, this Court granted the application, and ABF now appeals. For the following reasons, we reverse.

The relevant facts show that Presley worked for ABF for approximately 19 years as a truck driver and dock worker. On June 4, 2009, he sustained a compensable job-related injury to his right knee. He had surgery on his knee, remained out of work until September 15, 2009, and was paid temporary total disability benefits during his absence. On September 16, 2009, Presley returned to work without restrictions or limitations. He continued to perform his normal job duties: loading and unloading trucks by hand and machine and driving a tractor-trailer. His right knee, however, continued to get worse, and he was diagnosed with arthritis in that knee on March 17, 2010, and was advised that he would eventually need a right knee replacement.

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