SANTOS PAIZ, Employee CLAIMANT
KENNAMETAL, INC., Employer RESPONDENT
SENTRY INSURANCE COMPANY, Carrier RESPONDENT
WCC No. G605819
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
February 14, 2018
Hearing
before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in
Springdale, Washington County, Arkansas.
Claimant represented by EVELYN E. BROOKS, Attorney,
Fayetteville, Arkansas.
Respondents represented by JARROD PARRISH, Attorney, Little
Rock, Arkansas.
GREGORY K. STEWART, ADMINISTRATIVE LAW JUDGE.
STATEMENT
OF THE CASE
On
January 17, 2018, the above captioned claim came on for a
hearing at Springdale, Arkansas. A pre-hearing conference was
conducted on September 21, 2016, 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 November 5, 2015.
At the
time of the hearing the parties agreed to stipulate that
claimant earned an average weekly wage of $583.16 which would
entitle him to compensation at the rates of $389.00 for total
disability and $292.00 for permanent partial disability.
At the
pre-hearing conference the parties agreed to litigate the
following issues:
1. Compensability of lung cancer.
2. Medical expenses.
3. Temporary total disability benefits.
4. Attorney fee.
5. Notice.
6. Credit for disability benefits.
As a
result of the previously scheduled hearing, claimant has
filed a motion for costs associated with witnesses appearing
at the previously scheduled hearing.
The
claimant contends he suffered a compensable injury in the
form of lung cancer, and is entitled to medical expenses,
temporary total disability benefits, and an attorney’s
fee. Claimant reserves all other issues.
The
respondents contend that claimant has not suffered a
compensable injury under the Arkansas Workers’
Compensation Act, be that a specific incident, gradual onset,
or occupational disease. Respondents contend the
claimant’s medical documentation does not support a
causal relationship between his diagnosis and need for
medical treatment and his employment at Kennametal.
Respondents contend they had no notice of the claimed injury
until August 12, 2016, with the filing of the Form AR-C.
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...
