TRINA A. KAYLOR, Employee CLAIMANT
CITY OF FORT SMITH, Employer RESPONDENT
CENTRAL ADJUSTMENT, Carrier RESPONDENT
No. G708569
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
May 22, 2020
Hearing
before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Fort Smith,
Sebastian County, Arkansas.
Claimant represented by MICHAEL L. ELLIG, Attorney, Fort
Smith, Arkansas.
Respondents represented by DOUGLAS M. CARSON, Attorney, Fort
Smith, Arkansas.
AMY
GRIMES, ADMINISTRATIVE LAW JUDGE.
STATEMENT
OF THE CASE
On
February 10, 2020, the above captioned claim came before the
Workers’ Compensation Commission in Springdale,
Arkansas. The matter was submitted on the record on that
date. The matter was previously before the Commission on July
27, 2018 when an opinion was entered after a hearing on the
merits. The decision in the July 27, 2018 ALJ opinion was
appealed, affirmed and adopted by the Full Commission in an
opinion and order dated February 14, 2019. The Full
Commission decision was appealed and the Arkansas Court of
Appeals reversed and remanded this matter for further
proceedings in opinion CV-19-308 delivered on November 6,
2019. That opinion was filed with the Workers’
Compensation Commission on December 9, 2019 and on December
20, 2019 the Commission returned the matter to the
administrative law judge for further proceedings in
accordance with the mandate from the Court of Appeals. The
parties asked to brief the issue set out by the Court of
Appeals and this matter was submitted for opinion on February
10, 2020 upon receipt of said briefs.
The
Arkansas Court of Appeals opined that the administrative law
judge found that the claimant was entitled to temporary total
disability from October 13, 2107 until March 7, 2018. They
note that the Commission affirmed and adopted the
administrative law judge’s opinion, adding that the
City of Fort Smith appealed the decision. They further note
that the City of Fort Smith argued that the claimant was not
entitled to temporary total disability because she had
already returned to work, and she was terminated for reasons
unrelated to her compensable injury. The factual background
is re-stated below for reference.
FACTUAL
BACKGROUND
The
claimant in this matter is a 31-year-old female who has an
eleventh-grade education and is working toward her GED. The
claimant has work experience as a cook, server, shift leader,
and inventory stocker. The claimant worked as a meter reader
for the respondent. The claimant testified that she began her
employment with the respondent in December of 2016. She added
that her duties included walking six to ten miles per day on
a route reading water meters. The claimant walked meter to
meter in residential areas. She was dropped off to begin her
route and then picked up as she finished the route. The
claimant stated that she spent most of the day walking. She
also had to bend and squat to open meters.
On June
20, 2017, the claimant was working her route, looking for...
