Lott, 060519 ARWC, G808032

Case DateJune 05, 2019
CourtKansas
LARONDEE LOTT, EMPLOYEE CLAIMANT
CAJUN’S WHARF, EMPLOYER RESPONDENT
ARK HOSPITALITY WCT/ CENTRAL ADJUSTMENT CO., INC., INSURANCE CARRIER/TPA RESPONDENT
No. G808032
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
June 5, 2019
         Hearing before Administrative Law Judge Elizabeth W. Hogan on May 30, 2019, in Little Rock, Pulaski County, Arkansas.           Claimant represented by Mr. Gary Davis, Attorney at Law, Little Rock, Arkansas.           Respondents represented by Mr. Michael E. Ryburn, Attorney at Law, Little Rock, Arkansas.           ELIZABETH W. HOGAN, Administrative Law Judge.          ISSUES          A hearing was conducted to determine the claimant’s entitlement to payment of medical expenses, temporary total disability benefits, and attorney’s fees.          At issue is the compensability of the claim pursuant to Ark. Code Ann. §11-9-102.          After reviewing the evidence impartially, without giving benefit of the doubt to either party, Ark. Code Ann. §11-9-704, I find the evidence preponderates in favor of the claimant.          STATEMENT OF THE CASE          The parties stipulated to an employee-employer-carrier relationship on September 22, 2018, at a compensation rate of $231.00/$173.00 in the event the claim is found to be compensable.          The claimant injured his right shoulder on September 22, 2018, lifting a pan in the kitchen where he worked as a cook. The claimant admits he has had prior treatment to the left shoulder. The claimant seeks payment of medical expenses and temporary total disability benefits from September 23, 2018, to a date yet to be determined.          The respondents contend the claimant did not injure himself at work. He was being treated for chronic shoulder problems and was in pain management prior to the alleged accident.          The following were submitted without objection and comprise the evidence of record: the parties’ prehearing questionnaires and the claimant’s exhibits contained in the transcript.          The claimant was the...

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