Hassell, 031721 ARWC, G903696

• Case Date: March 17, 2021
• Court: Kansas

DONNA HASSELL, Employee CLAIMANT WALMART, INC., Employer RESPONDENT WALMART CLAIMS SERVICES, Carrier/TPA RESPONDENT No. G903696 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission March 17, 2021          Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington County, Arkansas.           Claimant represented by EVELYN E. BROOKS, Attorney, Fayetteville, Arkansas.           Respondent represented by JAMES A. ARNOLD, II, Attorney, Fort Smith, Arkansas.           GREGORY K. STEWART, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On February 24, 2021, the above captioned claim came on for hearing at Springdale, Arkansas. A pre-hearing conference was conducted on November 4, 2020 and a pre-hearing order was filed on that same date. A copy of the pre-hearing order has been marked as 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 prior opinion of August 12, 2020 is final.

         At the pre-hearing conference the parties agreed to litigate the following issue: 1. Claimant’s entitlement to additional medical treatment for her cervical injury; specifically, surgery by Dr. Baird.          The claimant contends she is entitled to payment for cervical surgery made necessary by her compensable cervical injury. Claimant contends that her neck was asymptomatic prior to the incident of February 4, 2019, and that her neck pain has remained since the compensable neck of February 2019. Therefore, she is entitled to payment for additional medical treatment relating to her compensable neck injury. Claimant reserves all other issues.          Respondent contends the surgery by Dr. Baird on her cervical spine was due to the claimant’s pre-existing cervical condition and not to the compensable injury. Specifically, respondent contends that the claimant’s neck injury of February 4, 2019 was a cervical strain, a temporary aggravation of a pre-existing condition, and therefore her need for further treatment, specifically the treatment by Dr. Baird is due to the pre-existing neck condition and not to the temporary aggravation.          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 November 4, 2020 and contained in a pre-hearing order filed that same date are hereby accepted as fact.          2. Claimant has met her burden of proving by a preponderance of the evidence that she is entitled to additional medical treatment for her compensable cervical injury, this includes surgery performed by Dr. Baird.          FACTUAL BACKGROUND          Claimant is a 58-year-old woman who began working for respondent in January 2002 as an Asset Protection Associate. While performing...