Floyd, 031319 ARWC, G804948

• Case Date: March 13, 2019
• Court: Kansas

SUSAN FLOYD, Employee CLAIMANT DEPARTMENT OF FINANCE & ADMINISTRATION, Employer RESPONDENT PUBLIC EMPLOYEE CLAIMS DIVISION, Carrier RESPONDENT No. G804948 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission March 13, 2019          Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington County, Arkansas.           Claimant represented by JASON HATFIELD, Attorney, Springdale, Arkansas.           Respondents represented by CHARLES MCLEMORE, Attorney, Little Rock, Arkansas.           GREGORY K. STEWART, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On February 13, 2019, the above captioned claim came on for a hearing at Springdale, Arkansas. A pre-hearing conference was conducted on December 12, 2018, and a pre-hearing order was filed on December 13, 2018. A copy of the pre-hearing order has been marked Commission's Exhibit #1 and made a part of the record without objection.          At the pre-hearing conference the parties agreed to the following stipulations:

1. The Arkansas Workers’ Compensation Commission has jurisdiction of the within claim.

2. The employee/employer/carrier relationship existed among the parties at all relevant times.

3. The claimant sustained a compensable injury to her right knee on July 10, 2018.

4. The claimant was earning sufficient wages to entitle her to compensation at the weekly rates of $364.00 for total disability benefits and $273.00 for permanent partial disability benefits.

         At the pre-hearing conference the parties agreed to litigate the following issues:

1. Compensability of injuries to claimant’s right shoulder and right hip on October 12, 2018.

2. Related medical.

3. Temporary total disability/temporary partial disability benefits from October 5, 2018 through a date yet to be determined.

4. Unpaid mileage.

5. Attorney fee.

         At the time of the hearing claimant clarified that she is requesting temporary total disability benefits beginning October 16, 2018, the date of her termination by respondent, and continuing through a date yet to be determined. Claimant also indicated that the medical she is requesting relates to her right shoulder and hip and that there is currently no issue for unpaid medical relating to her compensable right knee injury. Finally, claimant indicated that the issue of mileage was withdrawn.          Claimant contends that she suffered compensable injuries to her right shoulder and right hip on October 12, 2018. Claimant contends that these compensable injuries were either new injuries or that they were a compensable consequence of her July 10, 2018 compensable right knee injury. She seeks payment of medical benefits relating to the right shoulder and right hip as well as temporary total disability benefits from October 16, 2018 through a date yet to be determined and a controverted attorney fee.          Respondents contend that claimant did not sustain a new compensable injury to her right shoulder or hip on July 10, 2018, nor did she suffer a right shoulder or hip injury as a compensable consequence of her right knee injury.          From a review of the record as a whole, to include medical reports, documents, and other matters properly before the Commission, and having had an opportunity to hear the testimony of the witness and to observe her demeanor, the following findings of fact and conclusions of law are made in accordance with A.C.A. §11-9-704:          FINDINGS OF FACT & CONCLUSIONS OF LAW          1. The stipulations agreed to by the parties at a pre-hearing conference conducted on December 12, 2018 and contained in a pre-hearing order filed December 13, 2018 are hereby accepted as fact.          2. Claimant has met her burden of proving by a preponderance of the evidence that injuries to her right hip and right shoulder are compensable consequences of her compensable July 10, 2018 right knee injury.          3. Respondent is liable for payment of all reasonable and necessary medical treatment provided in connection with claimant’s right hip and right shoulder injuries.          4. Claimant is entitled to temporary total disability benefits beginning October 16, 2018 and continuing through a date yet to be determined.          5. Respondent has controverted claimant’s entitlement to all unpaid indemnity benefits.          FACTUAL BACKGROUND          The claimant is a 42-year-old woman who went to work for the respondent in May 2016. Claimant worked in the respondent’s revenue office in Rogers as an administrator and performed clerical work. Her job duties required her to answer the telephone; perform data entry; take pictures for drivers’ licenses; issue license plates for vehicle; and address issues involving titles...