ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

TERRY CRABTREE, JUDGE

DIVISION II

BEN E. KEITH COMPANY

APPELLANT

V.

WILLIE JOHNSON

APPELLEE

CA 00-1022

APRIL 18, 2001

APPEAL FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION [NO. E 814437]

AFFIRMED

The appellant, Ben E. Keith Company, Inc., appeals from an order of the Arkansas Workers' Compensation Commission, which affirmed and adopted the opinion of the Administrative Law Judge. The appellee, Willie Johnson, was awarded temporary total disability benefits from November 5, 1998, and continuing through February 8, 1999. Appellant contends that the Commission's findings in support of this award are not supported by substantial evidence. We find no error and affirm.

When reviewing a decision of the Workers' Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the findings of the Commission and affirm that decision if it is supported by substantial evidence. Clark v. Peabody Testing Service, 265 Ark. 489, 579 S.W.2d 360 (1979). Substantial evidence is that relevant evidence which a reasonable mind might accept as adequate to support a conclusion.

Harvest Foods v. Washam, 52 Ark. App. 72, 914 S.W.2d 776 (1996). The Commission's decision should not be reversed unless it is clear that fair-minded persons could not have reached the same conclusions if presented with the same facts. Johnson v. Democrat Printing and Lithograph, 57 Ark. App. 274, 944 S.W.2d 138 (1997). In making our review, we recognize that it is the function of the Commission to determine the credibility of witnesses and the weight to be given their testimony. Stephens Truck Lines v. Millican, 58 Ark. App. 275, 950 S.W.2d 472 (1997).

In reaching its decision, the Commission acknowledged that the record was replete with inconsistencies and contradictions from appellant's witnesses. The Commission specifically found appellee's testimony to be more credible than appellant's witnesses. The Commission chose to believe appellee's testimony, and we do not second-guess its credibility judgments. Georgia-Pacific Corp. v. Carter, 62 Ark. App. 162, 969 S.W.2d 677 (1998).

From our review of the evidence, we conclude that the Commission's findings are supported by substantial evidence. We find that the Commission's opinion adequately outlines its findings of fact to support and explain its decision. Therefore, pursuant to sections (a) and (b) of In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985), we issue this memorandum opinion affirming the Commission's decision.

Affirmed.

Robbins and Vaught, JJ., agree.