McCabe, 100719 ARWC, G900074

• Case Date: October 07, 2019
• Court: Kansas

ANGELA MCCABE, Employee CLAIMANT CITY OF FORT SMITH, Employer RESPONDENT CENTRAL ADJUSTMENT COMPANY, Carrier RESPONDENT WCC No. G900074 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission October 7, 2019          Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian County, Arkansas.           Claimant represented by EDDIE H. WALKER, JR., Attorney, Fort Smith, Arkansas.           Respondents represented by DOUGLAS M. CARSON, Attorney, Fort Smith, Arkansas.           GREGORY K. STEWART, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On September 16, 2019, the above captioned claim came on for a hearing at Fort Smith, Arkansas. A pre-hearing conference was conducted on July 24, 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 among the parties on December 18, 2018.

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

1. Compensability of injury to claimant’s right knee on December 18, 2018.

2. Related medical.

         The claimant contends that on December 18, 2018 she sustained an injury to her right knee while performing employment services. She contends she is entitled to reasonably necessary medical treatment.          The respondents contend the claimant was not performing employment services when she sustained an injury to her right knee on December 18, 2018.          From a review of the record as a whole, to include medical reports, documents, and other matters properly before the Commission, and having had an opportunity to hear the testimony of the witnesses and to observe their demeanor, the following findings of fact and conclusions of law are made in accordance with A.C.A. §11-9-704:          FINDINGS OF FACT & CONCLUSIONS OF LAW          1. The stipulations agreed to by the parties at a pre-hearing conference conducted on July 24, 2019 and contained in a pre-hearing order filed that same date are hereby accepted as fact.          2. Claimant has met her burden of proving by a preponderance of the evidence that she suffered a compensable injury to her right knee on December 18, 2018.          3. Respondent is liable for payment of all reasonable and necessary medical treatment provided in connection with claimant’s...