Lilze, 092319 ARWC, F902731

• Case Date: September 23, 2019
• Court: Kansas

DANIEL LILZE, Employee CLAIMANT UNIVERSITY OF ARKANSAS, Employer RESPONDENT #1 PUBLIC EMPLOYEE CLAIMS DIVISION, Carrier RESPONDENT #1 DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT #2 WCC No. F902731 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission September 23, 2019          Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington County, Arkansas.           Claimant represented by EVELYN E. BROOKS, Attorney, Fayetteville, Arkansas.           Respondent #1 represented by CHARLES H. MCLEMORE, Attorney, Little Rock, Arkansas.           Respondent #2 represented by DAVID PAKE, Attorney, Little Rock, Arkansas; although not appearing at hearing.           GREGORY K. STEWART, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On August 28, 2019, the above captioned claim came on for a hearing at Springdale, Arkansas. A pre-hearing conference was conducted on July 31, 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 between claimant and respondent #1 on January 28, 2019.

3. The claimant sustained a compensable injury to his left shoulder on January 28, 2009.

4. The claimant was earning an average weekly wage of $596.43 which would entitle him to compensation at the weekly rates of $398.00 for total disability benefits and $299.00 for permanent partial disability benefits.

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

1. Claimant’s entitlement to additional medical treatment as recommended by Dr. Arnold.

         The claimant contends he is entitled to additional medical treatment as directed by Dr. Arnold for his left shoulder injury. The claimant reserves all other issues.          Respondent #1 contends that this claim has been accepted as compensable and that claimant has been provided all benefits to which he is entitled, including extensive medical treatment since the date of injury. The respondent has provided the claimant with reasonable and necessary medical treatment, including multiple MRI studies with Dr. Arnold for the claimant’s left shoulder. The respondent contends that the latest surgery proposed by Dr. Arnold for the claimant’s left shoulder is not reasonable and necessary medical treatment causally related to the January 28, 2009 injury. The claimant had been working for the respondent employer, who was accommodating his restrictions, until February 14, 2019 when claimant sustained an injury to his right shoulder which has also been accepted as compensable by the respondent. Medical treatment, including surgery by Dr. Benafield on May 31, 2019, is...