Calhoun, 060619 ARWC, G600346

Docket Nº:G600346
Case Date:June 06, 2019
Court:Kansas
 
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LEROY CALHOUN, EMPLOYEE CLAIMANT
AREA AGENCY ON AGING, EMPLOYER RESPONDENT #1
RISK MANAGEMENT RESOURCES, INSURANCE CARRIER/TPA RESPONDENT #1
DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT #2
No. G600346
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
June 6, 2019
         Hearing before Administrative Law Judge Elizabeth W. Hogan on March 15, 2019, in Pine Bluff, Jefferson County, Arkansas.           Claimant represented by Ms. Whitney James, Attorney at Law, Little Rock, Arkansas.           Respondent #1 represented by Ms. Karen H. McKinney, Attorney at Law, Little Rock, Arkansas.           Respondent #2 represented by Ms. Christy L. King, Attorney at Law, Little Rock, Arkansas.           ELIZABETH W. HOGAN ADMINISTRATIVE LAW JUDGE.          ISSUES          A hearing was conducted to determine the claimant’s entitlement to payment of additional permanent partial disability or permanent total disability benefits and attorney’s fees.          At issue is whether or not the claimant has suffered a loss of earning capacity, Ark. Code Ann. §11-9-522, Ark. Code Ann. §11-9-505, Ark. Code Ann. §11-9-102 (4)(7)(ii)(a), and Fund liability, Ark. Code Ann. §11-9-519 and Rule 099.28.          After reviewing the evidence impartially, without giving benefit of the doubt to either party, Ark. Code Ann. §11-9-704, I find the claimant is entitled to wage loss but is not permanently and totally disabled.          STATEMENT OF THE CASE          The parties stipulated to an employee-employer-carrier relationship on January 13, 2016, at which time the claimant sustained a compensable injury to the body as a whole at a compensation rate of $127.00/$127.00. Medical expenses, temporary total disability benefits (until the end of the healing period on February 27, 2017), and a twenty-four percent (24%) anatomical impairment rating have been accepted.          The claimant sustained multiple injuries in a motor vehicle accident. He seeks permanent and total disability benefits or wage loss.          Respondents #1 contend light duty was offered to the claimant on two (2) occasions: March 3, 2017, and June 15, 2017. However, the claimant refused the offers. Therefore, he is not entitled to any benefits over his impairment rating.          The Fund defers to the outcome of litigation.          The following were submitted without objection and comprise the evidence of record: the parties’ prehearing questionnaires and exhibits contained in the transcript.          The following witnesses testified at the hearing: the claimant, who was polite, and Twyla Jamerson, an occupational health nurse. The claimant used a rollator to ambulate. The rollator is a four-wheeled device with a seat/storage box in the middle. The claimant needed assistance to rise out of his chair.          The claimant, age 68 (date of birth: September 14, 1950), has one and one-half (1 ½) years of college at University of Arkansas at Pine Bluff, served in the...

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