Landon, 043018 ARWC, G708167

• Case Date: April 30, 2018
• Court: Kansas

NIVIA LANDON, EMPLOYEE CLAIMANT POPEYES CHICKEN & BISCUITS, SELF-INSURED EMPLOYER RESPONDENT CENTRAL ADJUSTMENT CO., THIRD-PARTY ADMINISTRATOR RESPONDENT WCC No. G708167 Arkansas Workers Compensation Before the Arkansas Workers’ Compensation Commission April 30, 2018          Hearing before Administrative Law O. Milton Fine II on March 27, 2018 in Searcy, White County, Arkansas.           Claimant represented by Mr. Andy L. Caldwell, Attorney at Law, Little Rock, Arkansas.           Respondents represented by Mr. Michael E. Ryburn, Attorney at Law, Little Rock, Arkansas.           Hon. O. Milton Fine, II Administrative Law Judge.          STATEMENT OF THE CASE          On March 27, 2018, the above-captioned claim was heard in Searcy, Arkansas. A pre-hearing conference took place on October 30, 2017. A prehearing order entered on that date pursuant to the conference was admitted without objection as Commission Exhibit 1. At the hearing, the parties confirmed that the stipulations, issues and respective contentions, as amended, were properly set forth in the order.          Stipulations          At the hearing, the parties discussed the stipulations set forth in Commission Exhibit 1. With an amendment of the third at the hearing, they are the following, which I accept:

1. The Arkansas Workers' Compensation Commission has jurisdiction over this claim.

2. The employee/self-insured employer relationship existed at all relevant times hereto.

3. Claimant's average weekly wage entitles her to compensation rates of $161.00/$154.00.

         Issues          At the hearing, the parties discussed the issues set forth in Commission Exhibit 1. After the amendment of the fourth at the hearing, the following were litigated:

1. Whether Claimant sustained a compensable injury in the form of bilateral carpal tunnel syndrome.

2. When did Claimant provide notice of her alleged injuries?

3. Whether Claimant is entitled to reasonable and necessary medical treatment.

4. Whether Claimant is entitled to temporary total disability benefits from May 13, 2016 through June 16, 2016; and from May 22, 2017 through June 12, 2017.

5. Whether Claimant is entitled to a controverted attorney's fee.

         All other issues have been reserved.          Contentions          The respective contentions of the parties, following amendments at the hearing, are as follows:          Claimant:

1. Claimant contends that she sustained bilateral carpal tunnel syndrome arising out of and in the course and scope of her employment with Respondent employer.

2. Claimant contends that she is entitled to temporary total disability benefits from May 13, 2016 through June 16, 2016 and from May 22, 2017 through June 12, 2017, along with an attorney's fee.

         Respondents:

1. Respondents contend that Claimant did not sustain a compensable injury. Her wrist problems are not related to her employment.

2. Claimant did not report an injury until November 22, 2017, after she had resigned, and any medical treatment to her wrists/arms was not authorized.

         FINDINGS OF FACT AND CONCLUSIONS OF LAW          After reviewing the record as a whole, including 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, I hereby make the following findings of fact and conclusions of law in accordance with Ark. Code Ann. § 11-9-704 (Repl. 2012):

1. The Arkansas Workers' Compensation Commission has jurisdiction over this claim.

2. The stipulations set forth above are reasonable and are hereby accepted.

3. Claimant's motion to submit evidence after the hearing and after the record has been closed is not well-founded and is hereby denied.

4. Claimant has not proven by a preponderance of the evidence that she sustained a compensable injury in the form of right carpal tunnel syndrome.

5. Claimant has not proven by a preponderance of the evidence that she sustained a compensable injury in the form of left carpal tunnel syndrome.

6. Because of the above findings concerning compensability, the remaining issues–concerning when notice was provided and whether Claimant is entitled to reasonable and necessary medical treatment, temporary total disability benefits and a controverted attorney's fee–are moot and will not be addressed.

         PRELIMINARY RULINGS          Admission of Evidence After the Hearing/Closing of the Record          Since the hearing was concluded and the record closed on March 27, 2018, Claimant has sought to have additional evidence admitted into the record. On March 29, 2018, her counsel filed a Motion to Submit New Evidence. The motion reads in pertinent part:

The Claimant has obtained new evidence following the hearing which was held on March 27, 2018. The Claimant requested medical records from Unity Health on December 20, 2017. The provider provided certain records which were introduced at the hearing. Following the hearing the Claimant went to Dr. Day's office at Unity Health and was

...