Hendricks v. Altes Sanitation Service, 071421 ARWC, G906115

Docket NºCLAIM G906115
Case DateJuly 14, 2021
CourtKansas
MICHAEL HENDRICKS, Employee CLAIMANT
v.
ALTES SANITATION SERVICE, Employer RESPONDENT
And
LIBERTY MUTUAL INSURANCE CO., Carrier/TPA RESPONDENT
CLAIM No. G906115
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
July 14, 2021
          Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian County, Arkansas.           Claimant represented by MATTHEW KETCHAM, Attorney, Little Rock, Arkansas.           Respondents represented by MICHAEL E. RYBURN, Attorney, Little Rock, Arkansas.           GREGORY K. STEWART ADMINISTRATIVE LAW JUDGE          STATEMENT OF THE CASE          On June 21, 2021, the above captioned claim came on for hearing at Fort Smith, Arkansas. A pre-hearing conference was conducted on April 14, 2021 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 employee/employer/carrier relationship existed among the parties on September 5, 2019.          3. The claimant sustained a compensable injury to his left shoulder and elbow on September 5, 2019.          4. The claimant was earning sufficient wages to entitle him to compensation at the weekly rates of $215.00 for total disability benefits and $161.00 for permanent partial disability benefits.          At the pre-hearing conference the parties agreed to litigate the following issue:          1. Additional medical treatment as recommended by Dr. Kelly.          The claimant contends he is entitled to additional medical treatment as recommended by Dr. Kelly.          The respondent acknowledges stipulating to a compensable injury to claimant’s left elbow and shoulder. However, respondent contends that the radial tunnel syndrome complaints are to a different body part than the left elbow and shoulder and it is not compensable. In the event the radial tunnel syndrome is compensable, respondent contends that the surgery proposed by Dr. Kelly is not reasonable and necessary.          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 his 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 April 14, 2021 and contained in a pre-hearing order filed that same date are hereby accepted as fact.          2. Claimant’s radial tunnel syndrome is related to the compensable injury to claimant’s left elbow and therefore respondent is liable for payment of benefits associated with that compensable injury.          3. Claimant has met his burden of proving by a preponderance of the evidence that the surgery proposed by Dr. Kelly is...

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