Davis, 011218 ARWC, G701127

Case DateJanuary 12, 2018
CourtArkansas
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...

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