Dunham, 052120 ARWC, G905426

• Case Date: May 21, 2020
• Court: Arkansas

JAMES M. DUNHAM, Employee CLAIMANT BENTON COUNTY JUDGE, Employer RESPONDENT AAC RISK MANAGEMENT SERVICES, Carrier RESPONDENT No. G905426 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission May 21, 2020          Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Springdale, Washington County, Arkansas.           Claimant represented by WESLEY A. COTTRELL, Attorney, Rogers, Arkansas.           Respondents represented by MICHAEL E. RYBURN, Attorney, Little Rock, Arkansas.           AMY GRIMES, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On February 6, 2020, the above captioned claim came before the Workers’ Compensation Commission in Springdale, Arkansas, for a hearing. A pre-hearing conference was conducted on December 3, 2019, 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 on August 13, 2019.

3. Respondents have controverted G905426 in its entirety regarding claimant’s neck injury of August 13, 2019.

4. The parties agree that benefits have been paid on a second injury that is G801391. That date of injury is February 18, 2018. The parties also agree that the claimant received a 6% rating related to that claim on August 2, 2018.

5. The compensation rates related to claim G905426 are $529.00 for temporary total disability and $397.00 for permanent partial disability

         The issues to be litigated are limited to the following:

1. Whether claimant suffered a compensable injury to his cervical spine on August 13, 2019.

2. Whether claimant is entitled to medical treatment.

3. Whether claimant is entitled to temporary total disability.

4. Attorney’s fees.

         The claimant contends “he sustained an injury which arose out of and in the course of his employment with the respondent/employer. The claimant is entitled to additional temporary total disability benefits, and reasonable and necessary medical benefits and expenses. The claimant is entitled to medical expenses, rehabilitation and a controverted attorney’s fee and reserves all other issues and benefits.”          The respondents contend that “G905456 - the claimant injured his cervical spine in a motor vehicle accident while on the job in 2018. He was paid the appropriate benefits for this injury. He had a prior rodeo accident in 2015 that resulted in damage to his cervical spine. He did not sustain a new injury in 2019 that is identifiable by new objective medical finding. Anything that is wrong with his cervical spine is the result of the previous accidents. He has alleged a new injury to the same body part (cervical spine) in claim #G905456.”          The above...