Duerksen, 012218 ARWC, G504385

• Case Date: January 22, 2018
• Court: Arkansas

ADAM L. DUERKSEN, EMPLOYEE CLAIMANT STANLEY STEAMER, EMPLOYER RESPONDENT THE HARTFORD, INSURANCE CARRIER RESPONDENT No. G504385 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission January 22, 2018          Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Springdale, Washington County, Arkansas.           Claimant represented by EVELYN E. BROOKS, Attorney, Fayetteville, Arkansas.           Respondents represented by A. GENE WILLIAMS, Attorney, Little Rock, Arkansas.           AMY GRIMES, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On November 9, 2017, the above captioned claim came before the Workers' Compensation Commission in Springdale, Arkansas, for a hearing. A pre hearing conference was conducted on August 28,2017, and a pre hearing order filed that same date. A copy of the pre hearing order has been marked as Commission's Exhibit No. 1 and with modification and no objection is made part of the record.          The parties agreed to the following stipulations:

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

2. The employee/employer/carrier relationship existed at all relevant times including June 9,2015.

3. The compensation rates are $369.00 for temporary total disability and $276.00 for permanent partial disability.

         The issues to be litigated are limited to the following:

1. Whether the claimant sustained a compensable injury on June 9, 2015 to his right shoulder.

2. Payment of medical previously incurred.

3. Whether the claimant is entitled to temporary total disability benefits from February 9, 2017 to March 14, 2017.

4. Attorney fee.

         The claimant contends that "he is entitled to temporary total disability benefits from his date last worked to a date yet to be determined. The claimant reserves all other issues."          The respondents contend that "claimant did not sustain a compensable injury. The claim is barred by the statute of limitations."          The above stipulations are hereby accepted as fact. From a review of the record as a whole to include medical reports, documents, and having heard testimony and observed demeanor of all witnesses, the following decision is rendered. The claimant has failed to prove by a preponderance of the evidence that he suffered a compensable injury to his right shoulder on June 9, 2015. Therefore, he is not entitled to medical benefits, temporary total disability benefits, or an attorney fee. It should be noted that the issue of the statute of limitations was withdrawn by the respondent at the end of the hearing.          FACTUAL BACKGROUND          The claimant in this matter is a 25-year-old male who worked for the respondent beginning in 2013. The claimant worked initially as an assistant performing residential and commercial carpet cleaning. His duties included setting the cleaning truck up for jobs and assisting the crew chief, including pulling hoses. The claimant stated that the hoses were not really heavy. The claimant added that he also carried power sprayers and 5-gallon containers of cleaning solutions, etc. The claimant further testified that once at the cleaning site, he would assist with moving furniture and pulling hoses around the location. The claimant stated that as an assistant, he did no vacuuming. The claimant worked the assistant job for approximately a year, after which he was moved to crew chief.          Once the claimant became crew chief, his duties included carpet cleaning and chemical treatment, and was assigned an assistant. As crew chief, the claimant performed carpet cleaning using a wand, trigger, and solution system. The claimant stated that he used a metal rod and wand and...