ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JUDGE KAREN R. BAKER

DIVISION IV

SYBLE AKINS

APPELLANT

V.

LEAD HILL SCHOOL DISTRICTand

PUBLIC EMPLOYEE CLAIMS DIVISION and SECOND INJURY FUND

APPELLEES

CA00-1038

APRIL 18, 2001

APPEAL FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION

[NO. E317487]

AFFIRMED

This is an appeal from the Workers' Compensation Commission's order affirming and adopting the administrative law judge's decision. The ALJ found that appellant failed to prove by a preponderance of the evidence that an electronic scooter or electronic wheelchair is reasonably necessary for treatment of her compensable injuries. On appeal, appellant argues that reasonable minds could not reach the result shown by the Commission's decision. We disagree and affirm.

When the Workers' Compensation Commission finds that the claimant has failed to meet his burden of proof, the substantial-evidence standard of review requires this court to affirm the Commission's decision if its opinion displays a substantial basis for the denial of relief. Stiger v. State Line Tire Service and Federated Ins. Co., 72 Ark. App. 250, 35 S.W.3d 335

(2000). Substantial evidence is such relevant evidence as a reasonable mind mightaccept as adequate to support a conclusion. Cooper v. Hiland Dairy, 69 Ark. App. 200, 11 S.W.3d 5 (2000) (citing City of Fort Smith v. Brooks, 40 Ark.App. 120, 842 S.W.2d 463 (1992)). In determining the sufficiency of the evidence to sustain the findings of the Workers' Compensation Commission, the appellate court reviews the evidence in the light most favorable to the Commission's findings. Byars Construction Co. v. Byars, 72 Ark. App. 158, 34 S.W.3d 797 (2000). The question is not whether the evidence would have supported findings contrary to the ones made by the Commission; there may be substantial evidence to support the Commission's decision even though we might have reached a different conclusion if we sat as the trier of fact or heard the case de novo. Id. (citing Tyson Foods Inc. v. Disheroon, 26 Ark. App. 145, 761 S.W.2d 617 (1988)). This court defers to the Commission in determining the weight of the evidence and the credibility of the witnesses. High Capacity Products v. Moore, 61 Ark. App. 1, 962 S.W.2d 831 (1998).

The record reveals that the Commission's decision was supported by substantial evidence. Since the only issue involved is that reasonable minds could not reach the same result shown by the Commission's decision, we affirm the Commission's decision by this memorandum opinion pursuant to sections (a) and (b) of our per curiam In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985).

Affirmed.

Hart and Neal, JJ., agree.