Cox, 120318 ARWC, G705064

• Case Date: December 03, 2018
• Court: Kansas

JUDD R. COX, Employee CLAIMANT SAFELITE GROUP, INC., Employer RESPONDENT SEDGWICK CLAIMS MANAGEMENT, Carrier RESPONDENT WCC Nos. G705064, G705483 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission December 3, 2018          Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington County, Arkansas.           Claimant represented by LAURA BETH YORK, Attorney, Little Rock, Arkansas.           Respondents represented by MICHAEL E. RYBURN, Attorney, Little Rock, Arkansas.           GREGORY K. STEWART, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On November 7, 2018, the above captioned claim came on for a hearing at Springdale, Arkansas. A pre-hearing conference was conducted on September 5, 2018, and a pre-hearing order was filed on September 6, 2018. A copy of the pre-hearing order has been marked 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 among the parties at all relevant times.

3. The claimant sustained compensable injuries to his right shoulder on February 1, 2016 and April 27, 2017.

4. Respondents paid some compensation benefits, including permanent partial disability based on a 7% rating assigned by Dr. Heim.

5. Claimant was earning an average weekly wage of $697.00 which would entitle him to compensation at the weekly rates of $465.00 for total disability benefits and $349.00 for permanent partial disability benefits.

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

1. Payment of medical from Dr. Ahmadi.

2. Temporary total disability benefits from January 31, 2018 to May 22, 2018.

3. Additional permanent partial disability based on a 4% rating.

4. Wage loss.

5. Attorney’s fee.

         At the time of the hearing the claimant withdrew his request for permanent partial disability benefits relating to wage loss because he has returned to work for the respondent. In addition, claimant also clarified that he is requesting temporary total disability benefits beginning January 25, 2018 and continuing through May 22, 2018.          The claimant contends that on February 1, 2016 he injured his right shoulder at work. Respondents accepted the injury and sent him to a doctor. He was diagnosed with a tear and advised that it would heal on its own. Claimant went back to work as instructed but continued to struggle with pain in his shoulder. On April 27, 2017, claimant was lifting a windshield and had an immediate onset of pain in his right shoulder. The respondents again accepted the injury as compensable and sent the claimant to treat with Dr. Heim, who performed surgery to repair the tear. Claimant had an FCE and went back to work. He was given a 7% rating. He continued to struggle with pain in his shoulder, but respondents refused to allow him to continue to treat with Dr. Heim. Claimant filed a change of physician to Dr. Ahmadi, who recommended another shoulder surgery. Respondents denied all further indemnity and medical treatment. Claimant underwent the shoulder surgery and was ultimately released by Dr. Ahmadi with an additional 4% shoulder impairment rating. Claimant contends he is entitled to the medical treatment as recommended by Dr. Ahmadi, temporary total disability from January 31, 2018 to May 22, 2018, payment of the 4% rating, and that his attorney is entitled to an attorney fee. All other issues are reserved.          The respondents contend claimant is not entitled to the surgery or temporary total disability from the surgery. The claimant had two prior shoulder surgeries. Dr. Ahmadi removed scarring from the two prior surgeries that are not related to either accepted injury. The claimant has prior ratings to the shoulder that are inclusive of the 4% rating by Dr. Ahmadi.          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 his 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 September 5, 2018 and contained in a pre-hearing order filed September 6, 2018 are hereby accepted as fact.          2. Claimant has met his burden of proving by a preponderance of the evidence that medical treatment, including surgery, provided by Dr. Ahmadi is reasonable and necessary medical treatment for his compensable right shoulder injury.          3. Claimant is entitled to temporary total disability benefits from January 25, 2018 through January 31, 2018, and again from February 26, 2018 through March 28, 2018. Respondent is entitled to a credit pursuant to A.C.A. §11-9-411 for short-term...