ARKANSAS COURT OF APPEALS 


DIVISION IV 
No. E08-92 


Opinion Delivered OCTOBER 1, 2008 
OTIS L. McDANIEL 
APPELLANT APPEAL FROM THE ARKANSAS 
BOARD OF REVIEW 
V. [NO. 2008-BR00365] 
DIRECTOR, DEPARTMENT OF 
WORKFORCE SERVICES REVERSED and REMANDED 
APPELLEES 

ROBERT J. GLADWIN, Judge 

In this unbriefed employment-security case, Otis L. McDaniel appeals the Board of 
Review’s denial of his claim for unemployment benefits. The Board determined that 
appellant was not eligible for benefits because he was unable to perform suitable work. We 
hold that the Board’s decision is not supported by substantial evidence and reverse and 
remand for an award of benefits. 

Appellant worked as a truck driver for approximately forty-one years. This job 
required him to lift up to forty-five pounds and to push and pull heavy objects. In July 2007, 
appellant sustained a work-related back injury. He was temporarily placed in a job that 
required lifting up to nineteen pounds. Subsequently, the employer had no more light-duty 
work available for appellant. He was instructed to make two job contacts per week. He 
applied for jobs with an auto center, a counseling service, a Western Auto store, and a Fred’s 
store. 

The Department of Workforce Services denied benefits pursuant to Arkansas Code 
Annotated section 11-10-507(3)(A) (Repl. 2002), which requires that a person be 
unemployed, physically and mentally able to perform suitable work, available for such work, 
and doing things that a reasonably prudent individual would be expected to do to secure 
work. The appeals tribunal found that appellant was not available for suitable work because 
he primarily had been a truck driver and no longer could meet the requirement of lifting 
forty-five pounds because of his medical restrictions. 

We affirm the decision of the Board of Review if it is supported by substantial 
evidence. Coker v. Director, 99 Ark. App. 455, ___ S.W.3d ___ (2007). Substantial evidence 
is such relevant evidence as reasonable minds might accept as adequate to support a 
conclusion. Id. We view the evidence and all reasonable inferences deducible therefrom in 
the light most favorable to the Board’s findings. Id. Even if the evidence could support a 
different decision, our review is limited to whether the Board could have reasonably reached 
its decision based on the evidence presented. Id. 

The issue here was addressed in our case Ross v. Daniels, 266 Ark. 1056, 599 S.W.2d 
390 (Ark. App. 1979). In that case, Ms. Ross was injured and was returned to work with 
light-duty restrictions. Her employer acknowledged that she could not be rehired because 
of the restrictions imposed by her physician. We stated: 

We are to decide whether the holding by the appeal tribunal which was adopted by 
the Board of Review, denying unemployment benefits to the claimant on the premise 
that claimant is not fully able and available for work, nor is she doing those things a 
reasonable prudent individual would do to secure work within the meaning of 
Section 4(c) of the Employment Security law is supported by substantial evidence. 

Ross, 266 Ark. at 1058, 599 S.W.2d at 391. Additionally, in Ross, we held that, 

[W]here, as here, an unemployed person, partially disabled by an industrial injury and 
her physician has released her for light duty work, may still be able to compete in the 
labor market and may qualify for unemployment benefits as one available for work, 
although she may be receiving, under Workers’ Compensation Law, partialpermanent-
disability benefits as distinguished from temporary-total benefits during the 
period of recuperation. See Edwards v. Metro Title Co., 133 S.W.2d 411 (Fla. 1961). 
Utica Mutual Insurance Co., et al v. Pioda, 90 Ga. App. 593, 83 S.E.2d 627 (1954). 
Ross, 266 Ark. at 1059, 599 S.W.2d at 391-92. Like the claimant in Ross, appellant was able 
to do light-duty work within his physician’s restrictions. Therefore, he was available for 
suitable work and, by applying for other positions, he made himself available for work within 
his functional capacity. We reverse and remand for the award of benefits. 

Reversed and remanded. 

ROBBINS AND BIRD, JJ., agree.