LEILA DAVIS, EMPLOYEE CLAIMANT
UNIVERSITY OF ARKANSAS COOPERATIVE EXTENSION SERVICE, EMPLOYER RESPONDENT
PUBLIC EMPLOYEE CLAIMS DIVISION, INSURANCE CARRIER/TPA RESPONDENT
No. G701127
Arkansas Workers Compensation
Before The Arkansas Workers' Compensation Commission
January 12, 2018
Hearing
before Administrative Law Judge Elizabeth W. Hogan on October
20, 2017, in Pine Bluff, Jefferson County, Arkansas.
Claimant represented by Mr. Kenneth A. Olsen, Attorney at
Law, Bryant, Arkansas.
Respondents represented by Mr. Charles H. McLemore, 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 medical expenses.
At
issue is the compensability of the claim, Ark. Code Ann.
§11-9-102.
After
reviewing the evidence impartially, without giving benefit of
the doubt to either party, Ark. Code Ann. §11-9-704, I
find the evidence does not preponderate in favor of the
claimant.
STATEMENT
OF THE CASE
The
parties stipulated to an employee-employer-carrier
relationship on February 1, 2017, at which time the claimant
was earning sufficient wages to be entitled to a compensation
rate of $579.00/$434.00 in the event this claim is found to
be compensable. The claimant received unemployment benefits
and some medical expenses were paid by UMR.
The
claimant contends she was injured in a motor vehicle accident
with a third party. At the time of the incident, she and a
co-worker were on their way to dinner after attending a
training session. The co-worker was the driver, and the
claimant was her passenger.
The
respondents contend the claimant was not performing
employment services at the time of the accident, and there is
no objective medical evidence to substantiate an injury.
Alternatively, in the event of an award, the respondents seek
reimbursement from third parties who paid benefits on this
claim. The claimant’s employment was terminated during
her probationary...