Armstrong v. Southland Racing Corp., 020922 ARWC, H008127

• Docket Nº: CLAIM H008127
• Case Date: February 09, 2022
• Court: Kansas

MICHAEL ARMSTRONG, Employee CLAIMANT v. SOUTHLAND RACING CORPORATION, Employer RESPONDENT And NEW HAMPSHIRE INSURANCE COMPANY, Carrier RESPONDENT v. AIG CLAIMS, INC., TPA, RESPONDENT CLAIM No. H008127 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission February 9, 2022          Hearing conducted before ADMINISTRATIVE LAW JUDGE TERRY DON LUCY, in Crittenden County, Arkansas.           Counsel for the Claimant: pro se.           Counsel for the Respondents: HONORABLE MELISSA M. WOOD, Attorney at Law, Little Rock, Arkansas.          OPINION AND ORDER           TERRY DON LUCY Administrative Law Judge          Statement of the Case          The above-captioned matter came on for a full hearing on the merits on November 19, 2021, before the undersigned Administrative Law Judge. A pre-hearing Order was entered in this matter on October 6, 2021, which reflected the following stipulations:

(1) The Arkansas Workers’ Compensation Commission has jurisdiction of this claim;

(2) The employee/employer/carrier relationship existed at all relevant times, including September 27, 2020, on which date the Claimant alleges that he sustained a compensable cervical injury;

(3) The Claimant’s average weekly wage on the date of the alleged injury was sufficient to entitle him to compensation rates of $253.00 and $190.00 for temporary total and permanent partial disability benefits, respectively; and,

(4) The Respondents have controverted this claim in its entirety.

         The pre-hearing Order also reflected the issue to be adjudicated, as set forth below:

(1) Whether the Claimant sustained a compensable cervical injury on or about September 27, 2020, and is entitled to appropriate benefits associated therewith, inclusive of reasonably necessary medical treatment and related expenses, and temporary total disability from September 28, 2020, through a date yet to be determined.

         All other issues were reserved.          During preliminary discussions, the Commission's pre-hearing Order was introduced into the record as Commission's Exhibit No. 1 without objection. (TR 8) In addition, Respondents' Exhibit Nos. 1 and 2 were likewise introduced into the record without objection. (TR 9-10) The Claimant offered a document with respect to a description of "cervical radiculopathy," but candidly admitted that he had not provided a copy of such to Counsel for the Respondents in accordance with the requirements of the pre-hearing Order of October 6, 2021. Accordingly, such document was not allowed into the record by the undersigned Administrative Law Judge. (TR 10-12) The Claimant offered no other exhibits. (TR 12)          Findings of Fact and Conclusions of Law          (1) The parties’ stipulations are accepted as findings of fact herein, inclusive of the Commission’s jurisdiction over this claim; and          (2) The Claimant has failed to prove, by a preponderance of the evidence, that he sustained a compensable cervical injury on September 27, 2020.          Applicable Law          The party bearing the burden of proof in a workers’ compensation matter must...