ANNA DAVIS, EMPLOYEE CLAIMANT
v.
CENTRAL MOLONEY, INC., SELF-INSURED EMPLOYER RESPONDENT
RISK MANAGEMENT RESOURCES, INSURANCE CARRIER/TPA RESPONDENT
CLAIM No. G602577
Arkansas Workers Compensation
Before The Arkansas Workers' Compensation Commission
April 26, 2019
Hearing before Administrative Law Judge Elizabeth W. Hogan on
February 15, 2019, in Pine Bluff, Jefferson County, Arkansas.
Claimant represented by Ms. Sheila F. Campbell, Attorney at
Law, North Little Rock, Arkansas.
Respondents represented by Ms. Karen H. McKinney, 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 medical treatment,
additional temporary total disability benefits, additional
anatomical impairment, and attorney’s fees.
At
issue is the reasonable necessity of medical expenses, the
extent of the healing period, the validity of the impairment
rating, and whether or not the claimant has sustained a
compensable mental injury.
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 March 7, 2016, at which time the claimant
sustained a compensable scheduled injury at a compensation
rate of $605.00/$454.00. Medical expenses, temporary total
disability benefits (from April 6, 2016, to February 7, 2017,
and from May 16, 2017, to October 10, 2017), and a three
percent (3%) impairment rating have been accepted. On April
11, 2017, the claimant changed physicians from Dr. Grynwald
to Dr. Norton.
The
claimant contends she remains symptomatic with swelling in
her hand that prevents her from lifting and holding objects.
She seeks additional medical treatment and temporary total
disability benefits from October 10, 2017, to September 21,
2018. Additionally, the claimant contends she has developed
depression and anxiety as a result of her compensable
physical injury. She seeks payment of medical treatment and
temporary total disability benefits (limited to twenty-six
[26] weeks).
The
respondents contend all appropriate medical expenses have
been paid. The claimant has been released by Drs. Norton and
Roman at maximum medical improvement. Dr. Roman opined the
claimant was entitled to a zero percent (0%) impairment for
reflex sympathetic dystrophy (RSD). Respondents further
contend the claimant cannot meet the elements of proof under
Ark. Code Ann. §11-9-113 for a mental illness.
The
following were submitted without objection and comprise the
evidence of record: the parties’ prehearing
questionnaires and exhibits contained in the transcript,
along with the deposition of Dr. Simmie Armstrong, Jr.,
incorporated by reference. After the hearing, the respondents
introduced a signed Form AR-N acknowledging the claimant was
advised of her change of physician rights. The claimant had
no objection.
The
following witnesses testified at the hearing: the claimant,
and safety manager, George Mosely. The claimant was
emotionally distraught at the hearing.
The
claimant, age 47 (date of birth: January 21, 1972), has a
criminal record and history of a head-on collision in
December 2017. She has applied for Social Security Disability
and is awaiting a hearing. Her work history includes factory
jobs, but she now relies on the support of family. She had
worked for the respondent-employer for five (5) years, but
she has not looked for work since the accident.
The
claimant explained that her job duties required her to use
different air drills weighting between twenty and thirty
(20-30) pounds and perform repetitive tasks on one hundred
(100) small and large tanks per day. When her hand locked up,
she dropped a drill and went to the nurse’s station.
She saw her family physician, Dr. Armstrong, on March 8,
2016, with the permission of her employer and applied for
leave under FMLA.
The
employer sent her to Dr. Grynwald, who diagnosed mild early
onset carpal tunnel syndrome, De Quervain’s Syndrome,
and trigger finger. Surgery was performed on May 30, 2016,
for De Quervain’s Syndrome and trigger finger release.
She stated she was still symptomatic with pain and a lack of
grip strength in her hand.
Dr.
Grynwald referred the claimant to Dr. Lovett for treatment of
complex regional pain syndrome. The claimant underwent a
Functional Capacity Evaluation (FCE), which was valid, and
the claimant was released with a three percent (3%)
impairment and permanent restrictions.
The
claimant obtained a change of physician to Dr. Norton...
