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...