Brown, 030421 ARWC, G906820

• Case Date: March 04, 2021
• Court: Kansas

DEBRA BROWN, Employee CLAIMANT WESTWOOD PRIMARY SCHOOL, Employer RESPONDENT ARKANSAS SCOOL BOARDS ASSOC. WCT, Carrier/TPA RESPONDENT CLAIM NO. G906820 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission March 4, 2021           Claimant represented by ANDY L. CALDWELL, Attorney, Little Rock, Arkansas. Respondents represented by MELISSA WOOD, Attorney, Little Rock, Arkansas. GREGORY K. STEWART ADMINISTRATIVE LAW JUDGE STATEMENT OF THE CASE          On February 8, 2021, the above captioned claim came on for hearing at Fort Smith, Arkansas. A pre-hearing conference was conducted on July 30, 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 between the parties on October 14, 2019. 3. The claimant sustained a compensable injury to her bilateral knees. 4. The claimant was earning sufficient wages to entitle her to compensation at the rates of $323.00 for total disability benefits and $242.00 for permanent partial disability benefits.

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

1. Whether claimant is entitled to additional medical. 2. Whether claimant is entitled to temporary total disability benefits. 3. Attorney fee.

         At the time of the hearing claimant acknowledged that respondent had paid temporary total disability benefits through February 25, 2020. Therefore, claimant is requesting payment of temporary total disability benefits from February 26, 2020 through a date yet to be determined.          The claimant contends that she received a change of physician from Dr. Bryan Smith to Dr. Joel Smith and respondent denied Dr. Joel Smith’s recommended treatment. Claimant then began treating with Dr. Tom Coker and he performed a total knee replacement surgery on claimant’s right knee. Claimant contends that the treating recommended and performed by Dr. Coker is reasonable and necessary medical treatment for her compensable injury. In addition, she also contends that she is entitled to payment of temporary total disability benefits beginning February 26, 2020 and continuing through a date yet to be determined.          The respondent contends that all appropriate benefits have been paid with regard to this matter. The claimant reached maximum medical improvement associated with her work related injuries on February 25, 2020. It is respondent’s position that the claimant’s need for medical treatment, if any, is associated with preexisting and underlying problems and not her acute 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 conference conducted on July 30, 2020 and contained in a pre-hearing order filed that same date are hereby accepted as fact. 2. Claimant has met her burden of proving by a preponderance of the evidence that the treatment provided by Dr. Coker, including a total knee replacement surgery, is reasonable and necessary medical treatment for her compensable injury. 3. Claimant has also proven by a preponderance of the evidence that she is entitled to temporary total disability benefits beginning February 26, 2020 and continuing through a date

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