Boykin, 042417 ARWC, G501125
|Docket Nº:||WCC G501125|
|Case Date:||April 24, 2017|
1. The Arkansas Workers’ Compensation Commission has jurisdiction over this claim.
2. The employee/self-insured employer/third-party administrator relationship existed on February 11, 2015, and at all relevant times.
3. Claimant’s average weekly wage entitles her to compensation rates of $518.00/$389.00.
4. Respondents have controverted this claim. IssuesThe parties discussed the issues set forth in Commission Exhibit 1. After an amendment of the first at the hearing and the addition of a fifth, the following were litigated:
1. Whether Claimant sustained a compensable injury to her back by specific incident.
2. Whether Claimant is entitled to reasonable and necessary medical treatment.
3. Whether Claimant is entitled to temporary total disability benefits.
4. Whether Claimant is entitled to a controverted attorney’s fee.
5. Whether Respondents are entitled to an offset under Ark. Code Ann. § 11-9-411 (Repl. 2012).All other issues have been reserved. Contentions The respective contentions of the parties, following amendments at the hearing, read: Claimant: 1. Claimant contends that she is entitled to additional temporary total disability benefits for a period beginning on the date benefits were last paid and extending through a date to be determined, as well as additional reasonably necessary medical treatment. 2. Claimant also contends that her attorney is entitled to a controverted fee. 3. All issues not raised are specifically reserved. Respondents: 1. Respondents contend that the claimant cannot prove by a preponderance of the credible evidence that she sustained a compensable lumbar injury on February 11, 2015. 2. In the event that compensability is find, Respondents contend in the alternative that the incident on February 11, 2015 represented a temporary aggravation of a pre-existing condition that returned to baseline no later than May 12, 2015. 3. In the event that temporary total disability benefits are awarded, Respondents would be entitled to an offset under Ark. Code Ann. § 11-9-411 (Repl. 2012) with respect to teacher disability retirement benefits received by her. FINDINGS OF FACT AND CONCLUSIONS OF LAW After reviewing the record as a whole, including medical reports, deposition testimony, documents, and other matters properly before the Commission, and having had an opportunity to hear the testimony of Claimant and to observe her demeanor, I hereby make the following findings of fact and conclusions of law in accordance with Ark. Code Ann. § 11-9-704 (Repl. 2012): 1. The Arkansas Workers’ Compensation Commission has jurisdiction over this claim. 2. The stipulations set forth above are reasonable and are hereby accepted. 3. Claimant has not proven by a preponderance of the evidence that she sustained a compensable injury to her back. 4. Because of the above finding, the remaining issues–whether Claimant is entitled to reasonable and necessary medical treatment, temporary total disability benefits and a controverted attorney’s fee, and whether Respondents are entitled to an offset–are moot and will not be addressed. CASE IN CHIEF Summary of Evidence Claimant was the sole witness. In addition to the prehearing order discussed above, the...
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