Bjork, 031419 ARWC, G605392

• Case Date: March 14, 2019
• Court: Kansas

DAVID BJORK, EMPLOYEE CLAIMANT CITY OF LITTLE ROCK, EMPLOYER RESPONDENT RISK MANAGEMENT RESOURCES, INSURANCE, CARRIER/TPA RESPONDENT No. G605392 Arkansas Workers Compensation Before the Arkansas Workers’ Compensation Commission March 14, 2019          This matter was submitted to the Administrative Law Judge by stipulations on January 31, 2019, as agreed upon by the parties.           Claimant is represented by Andy L. Caldwell, Attorney at Law, Little Rock, Arkansas.           Respondent is represented by Melissa Wood, Attorney at Law, Little Rock, Arkansas.           JAMES D. KENNEDY, Administrative Law Judge.          STATEMENT OF THE CASE          This matter was submitted to the Administrative Law Judge on agreed upon stipulations, with the signed stipulations received by the Administrative Law Judge on January 31, 2019. A copy of the Pre-hearing order is blue backed and attached to this opinion. The Order dated October 30, 2018, provides that the parties stipulated that the Arkansas Workers’ Compensation Commission has jurisdiction of the within claim and that an employer/employee relationship existed on March 24^th, 2016, the date of the injury. The Prehearing Order further provided that the claimant is asking for an IME and reserving all other issues. The respondents contend that an IME is not appropriate at this time. By agreement of the parties, the matter was submitted on stipulations, with the order providing that the parties shall submit the matter on joint stipulations 45 days from the date of the Order. The Order further provided that the parties shall agree to the applicable medical evidence including change of physician that is to be made part of the record. Consequently, the sole issue to be determined is the issue of an IME. An issue as to the technical form of the stipulations arose, with the Administrative Law Judge requiring one set of stipulations agreed upon and signed by both parties. The agreed upon stipulations in the format requested along with signatures were submitted by the parties and received by the Commission on January 31, 2019. The parties stipulated as follows:

1. The employer/employee relationship existed on 3/24/16 when the claimant sustained a compensable injury to his left upper extremity.

2. Claimant’s average weekly wage of $718.64 entitles him to TTD/PPD benefits in the amounts of $479/$359 per week.

3. Claimant has been treated by Dr. Kahn, Dr. Hussey, and Dr. Sprinkle. He has also had his one time change of physician to Dr. Andersson.

4. Dr. Hussey performed surgery for the lateral epicondylistis. Dr. Andersson performed a radial tunnel decompression of the nerve, left carpal tunnel release, left subcutaneous ulnar nerve transposition and cubital tunnel release with submuscular transportation.

5. Dr. Anderson indicated on 6/22/18 that Claimant would have a 0% rating to the left upper extremity.

6. The Respondents have controverted Claimant’s entitlement to a permanent impairment rating.

         These stipulations are also blue backed and attached to this opinion.          The claimant submitted medical records without objection which consist of 257 pages and an applicable index. These documents are also blue backed and attached to this opinion. From a review of the agreed upon stipulations and the medical evidence that was submitted to the commission, the following findings of fact and conclusions of law are made in accordance with Ark. Code Ann. §11-9-704.          FINDINGS OF FACT AND CONCLUSIONS OF LAW          1. The Arkansas Workers’ Compensation Commission has jurisdiction over this matter.          2. The employer/employee relationship existed on 3/24/16 when the claimant sustained a compensable injury to his left upper extremity.          3. Claimant’s average weekly wage of $718.64 entitles him to TTD/PPD benefits in the amounts of $479/$359 per week.          4. Claimant has been treated by Dr. Kahn, Dr. Hussey, and Dr. Sprinkle. He has also had his one time change of physician to Dr. Andersson.          5. Dr. Hussey performed surgery for the lateral epicondylitis. Dr. Andersson performed a radial tunnel decompression of the nerve, left carpal tunnel release, left subcutaneous ulnar nerve transposition, and cubital tunnel release with submuscular transportation.          6. Dr. Andersson indicated on 6/22/18 that Claimant would have a 0% rating to the left upper extremity.          7. The Respondents have controverted Claimant’s entitlement to a permanent impairment rating.          8. The...