Cothren, 010720 ARWC, E603874

• Case Date: January 07, 2020
• Court: Kansas

MARTHA R. COTHREN, EMPLOYEE CLAIMANT PULASKI COUNTY SCHOOL DISTRICT, SELF-INSURED EMPLOYER RESPONDENT #1 ARKANSAS SCHOOL BOARDS ASSOCIATION -- WCT, TPA RESPONDENT #1 DEATH & PERMANENT TOTAL DISABIITY TRUST FUND RESPONDENT #2 SECOND INJURY FUND RESPONDENT #3 Nos. E603874, F506637 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission January 7, 2020          Hearing before CHIEF ADMINISTRATIVE LAW JUDGE BARBARA W. WEBB, on October 9, 2019, at Little Rock, Pulaski County, Arkansas.           Claimant represented by the HONORABLE GARY DAVIS, Attorney-at-Law, Little Rock, Arkansas.           Respondents #1 represented by the HONORABLE GUY ALTON WADE, Attorney-at-Law, Little Rock, Arkansas.           Respondent #2 represented by the HONORABLE CHRISTY L. KING, Attorney-at-Law, Little Rock, Arkansas.           Respondent #3 represented by the HONORABLE DAVID L. PAKE, Attorney-at-Law, Little Rock, Arkansas.           Barbara W. Webb, Chief Administrative Law Judge.          STATEMENT OF THE CASE          A hearing was conducted in the above-styled claims to determine the Claimant's entitlement to additional workers' compensation benefits, to include wage-loss and/or permanent total disability benefits. On July 22, 2019, a prehearing conference was conducted in the claims, from which a Prehearing Order of the same date was filed. The following stipulations, as submitted by the parties in the Prehearing Order, and as amended on the record, are hereby accepted:

1. The Arkansas Workers' Compensation Commission has jurisdiction of this claim.

2. There was an employment relationship at all times pertinent, including March 7, 1993, January 30, 1996, and March 9, 2005, when the claimant sustained compensable injuries to her neck and low back.

3. That all prior Opinions in the case are res judicata and the law of the case.

4. That in 2001, the Second Injury Fund was found liable in E6O3873 and E6O3874, and was found responsible for a ten percent (10%) wage-loss to the body as a whole.

         By agreement of the parties, the issues to be litigated are:

1. Whether the Claimant is entitled to permanent and total disability and/or wage-loss.

2. Whether the claims for permanent and total disability and/or wage-loss are barred by the statute of limitation.

3. Controversion and attorneys' fees.

         The record consists of a one volume transcript of the September 6, 2019, hearing, consisting of the testimony of Martha Rose Cothren, and all documentary evidence, consisting of "Commission's Exhibit No. 1" (Prehearing Order with Prehearing Responses); "Claimant Exhibit No. 1" (Documentary Evidence); "Claimant Exhibit No. 2" (Documentary Evidence); "Claimant Exhibit No. 3" (Documentary Evidence); "Claimant Exhibit No. 4" (List of Medications); "Respondents' No. 1 Exhibit No. 1" (medical exhibits); "Respondents' No. 1 Exhibit No. 2" (Medical Records); "Respondent No. 1, Exhibit 3" (CD, Video); "Respondent No. 2 Exhibit No. 1" (Form AR-4); "Respondent No. 3 Exhibit 1" (Payment Records and Form 2). In addition, the transcripts of the prior hearings are incorporated by reference and retained in the Commission files...