ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN MAUZY PITTMAN, JUDGE

DIVISION III

U. S. ELECTRICAL MOTORS

APPELLANT

V.

THERRON HARRISON

APPELLEE

CA00-1336

June 6, 2001

APPEAL FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION

[NO. E611587]

AFFIRMED

The appellee in this workers' compensation case had been employed by appellant for many years when he suffered a neck injury. He continued to work for some time following his injury but suffered increasing pain that ultimately required surgery. He attempted to return to work after surgery but was unable to perform the functions of his former job. Appellee declined additional surgery because of the risks involved and the uncertainty of the outcome. Appellant ultimately returned him to work at a different job that almost complied with his medical restrictions and that paid more per hour but less per week on the average. Appellee eventually was terminated for excessive absenteeism that he claimed was due to pain caused by his injury. A hearing was held on the issue of wage-loss disability, and the Commission, finding that appellee was not motivated to return to work, awarded him

permanent-partial disability benefits in an amount equal to 20% to the body as a whole. The appellant employer appeals, arguing that the Commission's wage-loss award was excessive. Appellee cross-appeals, asserting that the Commission erred in failing to make a finding of permanent-total disability.

The arguments advanced by both parties challenge the sufficiency of the evidence. These arguments are based entirely on matters of weight and credibility, matters within the sole province of the Commission. Thompson v. Washington Regional Medical Center, 71 Ark. App. 126, 27 S.W.3d 459 (2000). Because the only substantial question involved in either the appeal or the cross-appeal is the sufficiency of the evidence, and because the Commission's opinion adequately explains the decision, we affirm by 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); see Ark. R. Sup. Ct. 5-2(b).

Affirmed.

Neal and Bird, JJ., agree.