Harris, 052220 ARWC, G808533

Case DateMay 22, 2020
CourtArkansas
KATIE HARRIS, EMPLOYEE CLAIMANT
ALTICE USA, INC. d/b/a, SUDDENLINK COMMUNICATIONS EMPLOYER
XL SPECIALTY INSURANCE COMPANY, INSURANCE CARRIER RESPONDENT NO. 1
ESIS, INC., THIRD PARTY ADMINISTRATOR (TPA) RESPONDENT NO. 1
DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT NO. 2
No. G808533
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
May 22, 2020
         Hearing held before ADMINISTRATIVE LAW JUDGE CHANDRA L. BLACK, in El Dorado, Union County, Arkansas.           Claimant was represented by Mr. F. Mattison Thomas III, Attorney at Law, El Dorado, Arkansas.           Respondents No. 1 were represented by Mr. Eric Newkirk, Attorney at Law, Little Rock, Arkansas.           Respondent No. 2 was represented by Mr. David L. Pake, Attorney at Law, Little Rock, Arkansas.           CHANDRA L. BLACK, Administrative Law Judge.          STATEMENT OF THE CASE          A hearing was held in the above-styled claim on February 5, 2020, in El Dorado, Arkansas. A pre-hearing order was entered in this case on December 11, 2019. This pre-hearing order reflects the stipulations offered by the parties, the issues to be litigated, as well as the parties’ respective contentions.          The following stipulations were submitted by the parties during the pre-hearing telephone conference, or at the time the hearing. I hereby accept the following stipulations:
1. The Arkansas Workers’ Compensation Commission has jurisdiction of the within claim.
2. The employee-employer-insurance carrier relationship existed at all relevant times, including June 19, 2018.
3. The Claimant earned sufficient wages at the time of the incident to entitle her to maximum compensation rates for a 2018 injury-$673.00 and $505.00.
4. All issues not litigated herein are reserved under the Arkansas Workers’ Compensation Act.
5. The within claim has been controverted Respondents No. 1.
6. The parties agreed that if Mr. Greg Jackson had testified, during the hearing, his testimony would demonstrate that he witnessed Ms. Harris having a panic attack after December 21, (2018).
         By agreement of the parties, the issues to be litigated at the hearing were as follows:
1. Whether the Claimant sustained an injury to her left knee, in the form of a puncture wound and other abrasions, for which she sought treatment from Medical Center of South Arkansas. (At the start of the hearing, Respondents No.1 agreed to stipulate to a physical puncture wound to the Claimant’s leg. However, the Claimant reserved her right to assert a leg injury at a subsequent date).
2. Whether the Claimant sustained a Post-traumatic Stress Disorder (PTDS) injury due to being attacked by a dog.
3. Whether the Claimant is entitled to temporary total disability compensation from April 10, 2019, until a date yet to be determined. (At the start of the hearing, the Claimant reserved this issue as well).
4. Whether the Claimant is entitled to a controverted attorney’s fee. (This issue has been rendered moot due to the above stipulations).
         CONTENTIONS          Claimant:          The claimant was injured at work on October 18, 2017 [sic]. She was bitten by a dog and suffered physical as well as well as emotional injury in the form of now diagnosed PTSD. She is still receiving treatment for that condition and is unable to work her previous position. The employer failed to offer her any duty within restriction.          Respondents No. 1:          1. Respondents No. 1 contend that the Claimant cannot establish a compensable injury on or about June 19, 2018. It is unclear as to why the Claimant's contentions indicate an injury on October 18, 2017, but Respondents No. 1 have no knowledge whatsoever of a purported injury on that date ever occurring or even being asserted until the contentions of Claimant's pleadings did so. Presuming it is a clerical error, Respondents No. 1 continue to maintain that there was not a compensable injury on or about June 19, 2018. In the event there was any sort of incident involving ' a dog, Respondents No. 1 are unaware of any objective medical finding of an injury, and the Claimant's alleged mental claim is not compensable pursuant to Arkansas law.          2. Alternatively, even in the event somehow a compensable physical injury was established, the Claimant was never taken off work or otherwise entitled to temporary disability benefits pertaining to a physical injury. With regard to any purported mental injury being the basis for missed time from work, Respondents No. 1 contend that it cannot be established pursuant to Arkansas law, and any PTSD stemming from a purported incident/event is not compensable since it is not traceable to the physical abnormality which allegedly exists. Merely having nightmares on recall of an event or incident is insufficient to establish a compensable mental injury absent an assault or violent crime being in play. The Claimant also had an extensive history of prior psychological treatment, thus, there is no causal connection to the purported event/incident and the alleged underlying event/incident.          3. By way for further alternative defense, the Respondents plead an offset for any group medical or disability payments made to or behalf of the Claimant as well as an offset for any unemployment benefits made to the Claimant, to the extent allowed under Arkansas law.          4. Respondents No. 1 reserve the right to amend their contentions and position in all respects after additional discovery has been completed.          Respondent No. 2:          1. The Trust Fund defers to the outcome of litigation.          The record consists of the hearing transcript of February 5, 2020 and the documents contained therein.          DISCUSSION          During the hearing, Ms. Harris (the Claimant, used interchangeably herein) was the only witness to testify. Ms. Harris was 55 years old at the time of the hearing. The Claimant agreed that she worked for Suddenlink Communications, as a direct sales representative. Her employment duties included going door-to-door in residential areas to sell cable, Internet, and home phone services. According to the Claimant, she began working for Suddenlink Communications in November 2016. Ms. Harris’ supervisor was Greg Jackson. She interacted daily with Mr. Jackson via FaceTime.          Ms. Harris explained her process for making a sale, which is a two-step pass process. She would go to a home and if no one was available, she would tag the door with information about the company. According to the Claimant, she would make a second pass later in the day to try and catch the people home.          The Claimant testified that on June 19, 2018, she was walking up and down the street going door-to-door knocking on doors to try and sell cable service. Ms. Harris was working in El Dorado, off Detroit Street. She was making a pass at a home. On that date, the Claimant was attacked by the homeowner’s male pit bull, as she walked up to the porch. The dog was tied to a short leash. Ms. Harris began talking to the dog because the dog was barking and wagging its tail. As the Claimant was consoling the male dog, a female pit bull, that she did not know was there, came up and attacked her from behind.          Specifically, the dog grabbed Ms. Harris and locked her down and began tugging at her. She started yelling, and some people came over to stop the attack. The dog bit through the Claimant’s knee brace. According to Ms. Harris, the attack by the female dog lasted approximately a couple of minutes, but it felt forever. Ms. Harris testified that she thought the dog was going to kill her. She further testified that she kept waiting for the male dog to break the rope and attack her because he became aggressive.          The Claimant further testified that she started kicking and hollering, the dog turned her loose. Some people heard her hollering and came out to assist Ms. Harris. A gentleman pulled the dog off her. When the Claimant pulled her knee brace off, she noticed a wound. The people went inside and got some antibiotic spray, band-aids, and paper towels so she could clean the wound up a bit. The Claimant was given a ride back to her truck, which was a couple of blocks away.          Ms. Harris called her direct sales manager, Chris Fontenot, who is one step above Greg’s (Jackson) position. She informed him that she had been bitten by a dog. Ms. Harris took pictures of her wounds and sent them via text to Mr. Fontenot, who instructed the Claimant to go to the emergency room...

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