Hernandez, 050619 ARWC, G802688

• Case Date: May 06, 2019
• Court: Kansas

ROSA HERNANDEZ, Employee CLAIMANT DEPARTMENT OF HUMAN SERVICES, Employer RESPONDENT PUBLIC EMPLOYEE CLAIMS DIVISION, Carrier RESPONDENT WCC No. G802688 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission May 6, 2019          Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington County, Arkansas.           Claimant represented by JASON M. HATFIELD, Attorney, Springdale, Arkansas.           Respondents represented by CHARLES H. MCLEMORE, Attorney, Little Rock, Arkansas.           GREGORY K. STEWART, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On April 10, 2019, the above captioned claim came on for a hearing at Springdale, Arkansas. A pre-hearing conference was conducted on February 13, 2019, and a pre-hearing order was filed on that same date. 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 on February 12, 2018.

3. The claimant sustained a compensable injury to her back on February 12, 2018.

4. The claimant was earning an average weekly wage of $513.06 which would entitle her to compensation at the weekly rates of $342.00 for total disability benefits and $257.00 for permanent partial disability benefits.

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

1. Temporary total disability benefits from November 26, 2018 through a date yet to be determined.

2. Additional medical treatment from Dr. Blankenship.

3. Attorney fee.

         The claimant contends that as a result of her compensable injury her authorized treating physician, Dr. James Blankenship, has placed claimant on light duty effective November 26, 2018 of “No lifting over 10 lbs, no bending, twisting, stooping, crawling, kneeling, pushing, pulling. No prolonged sitting, standing and walking.” He continues to treat claimant. Claimant contends that temporary total disability is due beginning November 26, 2018 and continuing to a date to be determined. She was terminated by respondent effective November 5, 2018 and is unable to find similar employment due to previously stated restrictions.          The respondents contend they accepted a low back and right elbow injury occurring February 12, 2018, and have paid benefits and provided treatment for claimant, including treatment with Dr. Eremieva, Dr. Ennis, and neurosurgeon Dr. Knox. Dr. Knox saw claimant on August 24, 2018 and released her on September 28, 2018 at MMI with 0% impairment and no restrictions after the claimant’s unreliable effort at the FCE exam he had requested for her with 27 of 55 consistency measures within expected limits. Respondent has continued to provide treatment for the claimant in the form of pain management. Claimant was subsequently granted her one time change of physician to Dr. Blankenship, who saw her November 26, 2018. The respondent paid temporary total disability benefits to the claimant until her release by Dr. Knox on September 28, 2018, having been found to be at maximum medical improvement with no restrictions and no permanent impairment.          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 witnesses and to observe their 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...