Larry, 092321 ARWC, H010321

Case DateSeptember 23, 2021
CourtKansas
CRYSTAL S. LARRY, EMPLOYEE CLAIMANT
PRESBYTERIAN VILLAGE, INC., EMPLOYER RESPONDENT
RISK MANAGEMENT RESOURCES, INSURANCE CARRIER/TPA RESPONDENT
CLAIM No. H010321
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
September 23, 2021
         Hearing held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, Arkansas.           Claimant appeared, pro se.           Respondents represented by Mr. Jarrod S. Parrish, Attorney at Law, Little Rock, Arkansas.           CHANDRA L. BLACK, ADMINISTRATIVE LAW JUDGE.          Statement of the Case          On July 27, 2021, the above-captioned claim came on for a hearing in Little Rock, Arkansas. A prehearing telephone conference was conducted on May 26, 2021, from which a prehearing order was filed on that same date. The Prehearing Order has been marked as Commission's Exhibit No 1.          Stipulations          During the prehearing telephone conference, and during or at the start of the hearing, the parties agreed to the following stipulations:
1. The Arkansas Workers' Compensation Commission has jurisdiction of the within Claim.
2. The employee-employer-insurance carrier relationship existed at all relevant times, including on or November 3, 2020, when the Claimant sustained a compensable injury to her low back, in the form of a lumbar strain.
3. The claim was accepted as a compensable medical only claim. The Claimant's average weekly wage in November 2020 was $442.33.
4. The Claimant was released to return to work at full-duty capacity on November 13, 2020.
5. The Claimant later obtained a change of physician to Dr. James Calhoun.
6. All issues not litigated herein are reserved under the Arkansas Workers' Compensation Act.
         Issues          The parties agreed to litigate the following issues.
1. Whether the Claimant sustained compensable injuries to her neck, shoulders, right arm, and thoracic spine during the November 3, 2020, work-related incident.
2. Whether the Claimant is entitled to reasonable and necessary medical treatment for her back and other alleged injuries.
3. Whether the Claimant failed to give notice of her injury until March 22, 2021.
4. Job retraining. At the time of hearing, the Claimant withdrew this issue.
         Contentions          The respective contentions of the parties are as follows:          Claimant:          The Claimant contends that on the November 3, 2020, she was working on the third floor and was rotating a resident when she felt a sharp pain in her lower back. Since that time, the Claimant has alleged that she also sustained injuries to her neck, shoulders, right arm, and thoracic spine during this incident. She further contends that she is entitled to medical benefits for those alleged injuries.          Respondents:          The Respondents contend that they had no notice of neck, shoulders, right arm, or thoracic spine injuries until the Form AR-C was filed in this matter on March 22, 2021. It is Respondents' contention that Claimant did not suffer compensable injuries to those body parts. It is further Respondents' contention that the Claimant has reached maximum medical improvement associated with her compensable low back injury and that her need for medical treatment associated with the same is not reasonable and necessary. Respondents contend that any need for medical treatment associated with that body part would be preexisting and unrelated to her work-related injury.          Based on my review of the record as a whole, to include the aforementioned documentary evidence, other matters properly before the Commission, and after having had an opportunity to hear the Claimant's testimony and observe her demeanor, I hereby make the following findings of fact and conclusions of law in accordance with Ark. Code Ann. §11-9-704 (Repl. 2012).          FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. The Arkansas Workers' Compensation Commission has jurisdiction over this claim.
2. I hereby accept the aforementioned stipulations as fact.
3. The Claimant failed to prove by a preponderance of the evidence that she sustained compensable injuries to her neck, shoulders, right arm, and thoracic spine during the November 3, 2020, work-related incident.
4. The Claimant failed to prove by a preponderance of the evidence that additional medical treatment is reasonable and necessary in connection with her compensable lumbar strain injury of November 3, 2020.
5. The Claimant's Post-Trial Letter Brief of June 28, 2021, has not been considered in this Opinion.
6. All other issues have been rendered moot and not discussed herein this Opinion.
         Summary of Evidence          Ms. Crystal S. Larry (the Claimant) was the sole witness.          Additionally, the record consists of the hearing transcript of the July 27, 2021, and the exhibits contained therein. Specifically, the following exhibits have been made a part of the record: Commission's Exhibit 1 includes the Commission's Prehearing Order of May 26, 2021, and the parties' respective response to the Prehearing Questionnaire; Claimant's Exhibit 1, includes a compilation of her Medical Records Only, consisting of 48 numbered pages; Claimant's packet of Non-Medicals Only consisting of 41 numbered pages was admitted into evidence and marked as Claimant's Exhibit 2; Claimant's Exhibit 3 consists of four pages relating to her application with the Arkansas Department of Workforce Services; Claimant offered into evidence a USB Drive, which has been marked as Claimant's Exhibit 4; Respondents' Exhibit 1 consists of 24 numbered pages of Medical Records; and Respondents' Exhibit 2 is a compilation of Non-Medicals, consisting of 24 numbered pages.          Testimony          The Claimant now age 44, is currently employed by Presbyterian Village, as a CNA. On November 3, 2020, while performing her employment duties as CNA for the respondent-employer, she sustained an admittedly compensable injury to her back while rotating a patient in the bed. According to the Claimant, the patient weight approximately 260 pounds. There were no witnesses to the incident, except for the patient. The Claimant worked the night shift. Her normal working hours were from 10:30 p.m. until 6:30 a.m. According to the Claimant, her injury occurred around four or five o'clock in the morning. The Claimant reported her injury over the phone when she got off work that morning.          She completed paperwork for workers' compensation benefits. The Claimant sought treatment from Concentra for her back. She denied that they took her off work. However, the Claimant testified that they gave her restrictions of no lifting or pushing over 20 pounds. According to the Claimant, they did X-rays and gave her two steroid injections. She also underwent two weeks of physical therapy for her back injury. The Claimant maintained that Dr. Calhoun has recommended surgery for her back, but he did not put it in his medical notes. Per the Claimant, she last treated with Dr. Connor, a physician associated with Baptist Health. According to the Claimant, she paid out of her own pocket for this treatment using her group health insurance policy.          The Claimant confirmed that she obtained a change of physician to treat with Dr. Calhoun. She was evaluated by Dr. Calhoun on March 24, 2021. After seeing Dr. Calhoun, the Claimant sought medical treatment from Dr. Connor on her own. According to the Claimant, Dr. Connor recommended more physical therapy for her. However, she was unable to afford it. The Claimant essentially testified that Dr. Calhoun declared her to be at maximum medical improvement for her injury. According to the Claimant, her whole back is "messed up." She is unable to sit for prolonged periods of time. The Claimant testified that she has pain, cramping, and muscle spasms. She essentially testified that the nerve going from her back to her hand spasms and causes it to ball up into a knot sometimes.          The Claimant testified that she previously injured her back in 2017 performing the same job. According to the Claimant, she filed a workers' compensation claim, but her paperwork was lost. The Claimant testified that she also received a steroid injection and two weeks of physical therapy for that injury. She also injured her back in 2010, while working for a facility in Fayetteville as a CNA. According to the Claimant, it was the same type of incident at work of pushing, pulling, and tugging a patient. She...

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