Goodnight, 033021 ARWC, H000302

Case DateMarch 30, 2021
CourtKansas
SHIRLEY GOODNIGHT, EMPLOYEE CLAIMANT
LITTLE ROCK SCHOOL DIST., SELF-INSURED EMPLOYER[1] RESPONDENT
ARK. SCHOOL BOARDS ASSN., THIRD-PARTY ADMINISTRATOR RESPONDENT
WCC No. H000302
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
March 30, 2021
         Hearing before Administrative Law Judge O. Milton Fine II on March 18, 2021, in Little Rock, Pulaski County, Arkansas.           Claimant pro se.           Respondents represented by Mr. Jarrod S. Parrish, Attorney at Law, Little Rock, Arkansas.           Hon. O. Milton Fine II, Chief Administrative Law Judge.          STATEMENT OF THE CASE          On March 18, 2021, the above-captioned claim was heard in Little Rock, Arkansas. A prehearing conference took place on January 11, 2021. The Prehearing Order entered on January 13, 2021, pursuant to the conference was admitted without objection as Commission Exhibit 1. At the hearing, the parties confirmed that the stipulations, issues, and respective contentions, as amended, were properly set forth in the order.          Stipulations          At the hearing, the parties discussed the stipulations set forth in Commission Exhibit 1. They are the following, which I accept:
1. The Arkansas Workers’ Compensation Commission has jurisdiction over this claim.
2. The employee/self-insured employer relationship existed on July 30, 2019, when Claimant sustained a compensable injury to her lower back in the form of an aggravation of her pre-existing degenerative lower back condition as a result of a work-related fall.
3. Respondents accepted the above injury as compensable and have paid benefits pursuant thereto. However, they have controverted Claimant’s alleged dental injuries.
         Issues          At the hearing, the parties discussed the issues set forth in Commission Exhibit 1. The following were litigated:
1. Whether Claimant sustained a compensable injury to her teeth.
2. Whether Claimant is entitled to reasonable and necessary medical treatment.
         All other issues have been reserved.          Contentions          The respective contentions of the parties, following an amendment at the hearing, read as follows:          Claimant:          1. Claimant contends that on July 30, 2019, she sustained injuries to her teeth as a result of a work-related fall. She further contends that she is entitled to reasonable and necessary treatment of this injury.          Respondents:          1. Respondents contend that all appropriate benefits have been paid regarding this matter. Claimant has reached maximum medical improvement associated with her aggravation. She was released to return to work in a full-duty capacity, and no impairment rating has been assigned. It is Respondents’ position that additional medical treatment is not reasonable and necessary, and that the medical documentation does not support entitlement to additional benefits associated with her claim.          2. Respondents further contend that Claimant did not suffer a compensable injury to her teeth on July 30, 2019.          FINDINGS OF FACT AND CONCLUSIONS OF LAW          After reviewing the record as a whole, including medical reports, documents, and other matters properly before the Commission, and having had an opportunity to hear the testimony of the claimant and to observe her demeanor, I hereby make the following findings of fact and conclusions of law in accordance with Ark. Code Ann. § 11-9-704 (Repl. 2012):
1. The Arkansas Workers’ Compensation Commission has jurisdiction over this claim.
2. The stipulations set forth above are reasonable and are hereby accepted.
3. Claimant has not proven by a preponderance of the evidence that she sustained a compensable injury to her teeth.
4. Claimant has not proven by a preponderance of the evidence that she is entitled to reasonable and necessary treatment of her alleged dental injury.
         ADJUDICATION ...

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