Langley, 052120 ARWC, G900850

• Case Date: May 21, 2020
• Court: Arkansas

RUTH S. LANGLEY, Employee CLAIMANT BARLING ELEMENTARY, Employer RESPONDENT ARKANSAS SCHOOL BOARDS ASSOC., Carrier RESPONDENT No. G900850 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission May 21, 2020          Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Fort Smith, Sebastian County, Arkansas.           Claimant is represented by MATTHEW KETCHAM, Attorney, Fort Smith, Arkansas.           Respondents represented by GUY ALTON WADE, Attorney, Little Rock, Arkansas.           AMY GRIMES, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On January 21, 2020, the above captioned claim came before the Workers’ Compensation Commission in Fort Smith, Arkansas, for a hearing. A prehearing conference was conducted on November 19, 2019, and an order filed that same date. A copy of the prehearing order has been marked as Commission’s Exhibit No. 1 and with modification and no objection is made part of the record.          The parties agreed to the following stipulations:

1. The Arkansas Workers’ Compensation Commission has jurisdiction of this claim

2. The employee/employer/carrier relationship existed on February 6, 2019.

3. The compensation rates based upon an average weekly wage of $336.69 are $224.00 for temporary total disability and $168.00 for permanent partial disability.

         The issues to be litigated are limited to the following:

1. Whether claimant sustained a compensable injury on February 6, 2019.

2. Whether claimant is entitled to medical treatment.

3. Whether claimant is entitled to temporary total disability benefits from date of injury through May 30, 2019.

4. Attorney fees.

         The claimant contends that “she was injured on February 6, 2019, when getting up to serve a student breakfast and tripped over her shoe and fell on her right knee. The claimant reserves the right to amend and supplement her contentions after additional discovery has been completed. The claimant reserves all other issues including permanent partial disability benefits. Claimant reserves all other issues including permanent partial disability and any future temporary total disability if appropriate.”          The respondents contend that “the claimant did not sustain a compensable injury within the course and scope of her employment or while performing employment services.”          The above stipulations are hereby accepted as fact. From a review of the record as a whole to include medical reports, documents, and having heard testimony and observed demeanor of all witnesses, the following decision is rendered. The claimant has proven by a preponderance of the evidence that she sustained a compensable injury to her right knee of February 6, 2019. She has further proven her entitlement to reasonable and necessary medical treatment and temporary total disability benefits from February 6, 2019 through May 30, 2019. The claimant’s attorney is entitled to an attorney fee in this matter.          FACTUAL BACKGROUND          The claimant in this matter has worked for the respondent for 17 years as a cafeteria worker. The claimant works along with two other workers and a supervisor. She is on a yearly contract with the school district and performs lunchroom duties including set up and preparation of breakfast and lunch for students and staff. On the date of the incident, February 6, 2019, the...