Tallman V. Abf

Respondent, Arkansas Best Freight (ABF), a self-insured employer, appeals a compensation order of the Workers' Compensation Division (WCD) awarding claimant Tallman temporary total disability and other benefits. ABF contends WCD erred by finding that: (1) Tallman suffered a compensable accidental injury on September 5, 1986; (2) Tallman was temporarily totally disabled as of September 5, 1986, as well as at the time of the hearing; and (3) Tallman did not willfully and knowingly misrepresent his physical condition when he applied for employment. As a fourth ground for reversal, ABF further asserts that WCD failed to find that Tallman willfully exposed himself to injury. Additionally, this court requested the parties, and invited amici curiae, to address the question of what standard of review applies to appeals from decisions by WCD. We hold that the whole record standard of review applies. Applying that standard to the issues raised, we affirm.