Beeler, 033121 ARWC, H001634

• Case Date: March 31, 2021
• Court: Kansas

ERICKA WILLIAMS BEELER, Employee CLAIMANT CITY OF BENTONVILLE, Employer RESPONDENT ARKANSAS MUNICIPAL LEAGUE WCT, Carrier/TPA RESPONDENT No. H001634 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission March 31, 2021          Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington County, Arkansas.           Claimant represented by JASON M. HATFIELD, Attorney, Springdale, Arkansas.           Respondents represented by JARROD PARRISH, Attorney, Little Rock, Arkansas.           GREGORY K. STEWART, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On March 3, 2021, the above captioned claim came on for hearing at Springdale, Arkansas. A pre-hearing conference was conducted on November 9, 2020 and a pre-hearing order was filed on that same date. A copy of the pre-hearing order has been marked as Commission’s Exhibit #1 and made a part of the record without objection.          At the pre-hearing conference the parties agreed to the following stipulations:

1. The Arkansas Workers’ Compensation Commission has jurisdiction of the within claim.

2. The employee/employer/carrier relationship existed among the parties at all relevant times.

3. The claimant sustained a compensable injury to her left lower extremity on February 26, 2020.

4. The claimant was earning an average weekly wage of $796.58 which would entitle her to compensation at the rates of $531.00 for total disability benefits and $398.00 for permanent partial disability benefits.

         At the pre-hearing conference the parties agreed to litigate the following issues:

1. Claimant’s entitlement to additional medical treatment, including a trial dorsal column stimulator.

         At the time of the hearing, claimant clarified that she is requesting actual implantation of a stimulator as recommended by the doctors at the Mayo Clinic; specifically, the permanent implant of a DRG stimulator.          The claimant contends she sustained a compensable injury on or about February 26, 2020. At that time, claimant was in the course and scope of her employment with respondent when during a training session, she sustained a crush injury to her left lower leg. Initially, she received surgery with Dr. Marcus Heim. Shortly after surgery, Dr. Heim diagnosed complex regional pain syndrome. Claimant requested a change of physician to Dr. Christopher Dougherty, and Dr. Dougherty has continued her care. Dr. Dougherty has been consulting with a complex regional pain syndrome specialist in Boston, Massachusetts, every step of the way. Dr. Dougherty has followed a conservative line of treatment and included Dr. George Deimel to the team for continued pain management. All of the treating doctors recommend a trial with a dorsal column stimulator. Instead of complying with all of the doctor recommendations, the Municipal League set up an IME in Little Rock with Dr. Carlos Ramon. Dr. Roman after the one-time visit concluded that the treating physicians were wrong and opined that Police Officer Beeler does not need a trial stimulator. Claimant contends she is entitled to the reasonable and necessary medical treatment recommended by her treating physicians.          The respondents contend that a spinal cord stimulator is not reasonable and necessary for the claimant’s work-related injury.          From a review of the record as a whole, to include medical reports, documents, and other matters properly before the Commission, and having had an opportunity to hear the testimony of the witness and to observe her demeanor, the following findings of fact and conclusions of law are made in accordance with A.C.A. §11-9-704:          FINDINGS OF FACT & CONCLUSIONS OF LAW          1. The stipulations agreed to by the parties at a pre-hearing...