Pina, 120817 ARWC, G608783

• Case Date: December 08, 2017
• Court: Kansas

EMMA PINA, Employee CLAIMANT WAL-MART ASSOCIATES, Employer RESPONDENT CLAIMS MANAGEMENT, INC., RESPONDENT Insurance Carrier/TPA No. G608783 Arkansas Workers Compensation Before the Arkansas Workers’ Compensation Commission December 8, 2017          Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas.           Claimant represented by EVELYN E. BROOKS, Attorney, Fayetteville, Arkansas.           Respondents represented by JAMES A. ARNOLD, II, Attorney, Fort Smith, Arkansas.           ERIC PAUL WELLS, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On September 12, 2017, the above captioned claim came on for a hearing at Springdale, Arkansas. A pre-hearing conference was conducted on April 5, 2017, and a pre-hearing order was filed on that same date. A copy of the pre-hearing order has been marked Commission's Exhibit No. 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 this claim.

2 On all relevant dates, the relationship of employee-employer-carrier existed between the parties.

         By agreement of the parties the issues to litigate are limited to the following:

1 Whether claimant sustained a compensable injury to her neck on September 1, 2016.

2 Whether claimant is entitled to medical treatment.

         The claimant's contentions are as follows:

“Claimant contends she is entitled to receive treatment for her neck injury. The claimant reserves all other issues.”

         The respondents’ contentions are as follows:

“Respondents will contend that the claimant did not sustain a compensable injury other than a superficial laceration to her left eyebrow.”

         The claimant in this matter is a 51-year-old female who has alleged that she sustained a compensable injury to her neck or cervical spine in a work related incident on September 1, 2016. At the hearing in this matter the claimant gave direct examination testimony about the September 1, 2016 incident as follows:

Q What happened on September 1, 2016?

A I got hit with a machine called lampa (phonetic).

Q And how did this hit occur?

A I don't remember very well. All I remember is it got stuck. I was on top of the machine and there was cardboard there and sometimes you can't get the pallet because of the cardboard, so I got off. I got off to take it to remove it and then I don't remember what happened. I felt like I had gotten hit. I touched it like this (indicating) and then there was blood in my eyes. I didn't think it was a big deal. I touched like this (indicating) and I saw my hand had blood all over it.

         The claimant’s testimony about how the incident occurred seems awkward and confusing; however, it is undisputed that her head made contact with a forklift-type machine pictured in Claimant’s Exhibit 3, Pages 1 through 6 and caused a laceration. That contact caused a two centimeters long and two millimeters deep laceration on the left eyebrow area of her face. I note the claimant’s Brief in this matter inaccurately states that the laceration was two centimeters long by two centimeters deep. Two centimeters converts to 0.787 inch, while two millimeters is only 0.0787 inch, which is a great difference when considering depth of a laceration to the face. Medical records from the claimant’s September 2, 2016 visit to Mercy Hospital and the photographs of the claimant’s laceration found at Claimant’s Exhibit 3 and 4 clearly support a two centimeter long and two millimeter in depth laceration. The claimant’s testimony was that the photos were taken about a week after the incident.          The claimant was seen at Mercy Hospital of Northwest Arkansas on September 2, 2016. The history of present illness portion of that medical record which is found at Respondent’s Exhibit 1, Page 76 gives some description of the incident as follows:

HISTORY OF PRESENT ILLNESS

Emma PINA, a 50 y.o. female presents to the ED with a Chief Complaint of Headache.

Subjective

HPI Comments: Patient states that she is having some head pain over the last 2 hours after hitting her head at work. She is also complaining of a laceration to the right elbow.

         Another medical record from a visit that same day at Arkansas Occupational Health Clinic with Dr. Konstantin V. Berestnev also describes the incident as follows:

PATIENT DESCRIPTION OF ACCIDENT:

Patient states that she bent over to pick up carton and her co-worker whistled causing her to turn and hit her head on the forklift. Patient states that she has been feeling dizzy and nauseous. Patient seen at Mercy Hospital and they glued her eyebrow.

         That description is found at Respondent’s Exhibit 1, Page 84.          The document found at Respondent’s Exhibit 2, Page 1, entitled “Associate Incident Report” gives the following description of the accident. I note that this associate incident report was signed by the claimant and states: “Bent down to pick up cardboard someone honked horn and I jumped and turned.”          Another document found at Respondent’s Exhibit 2, Page 2 entitled, “Managers Investigation of Incident” gives the following incident description: “Associate got off of damp to pick up a piece of cardboard/slip sheet. She bent over to pick it up. As she stood up she turned striking her eyebrow on the clamp blade causing a laceration.” That document is signed, but I am unable to read the signator’s name. Another document found at Respondent’s Exhibit 2, Page 3, which is the Arkansas Workers’ Compensation Commission Form N also describes or discusses the injury as follows: “I bent down to up cardboard, someone honked close and I jumped and turned.” I note that document is also signed by the claimant.          The claimant did not report any type of injury or symptom associated with her neck at the time of injury or when she was first seen by medical providers. The claimant gave direct examination testimony about the symptoms she was experiencing when she first reported to Mercy Hospital as follows:

Q Now, when you got to the hospital, what symptoms were you having?

A When I got there, my head was hurting and then I was getting like these little stab feelings.

Q Where were the stab feelings?

A Right here where it was cut (indicating). I felt a lot of pain in my head, nausea. A lot of cold, you know, like this (indicating). I was trembling from the cold.

Q And at what point --

A And my stomach hurt.

         The claimant was then asked on direct examination about when she began having symptoms in her neck, which is the central issue in this matter, as follows:

Q At what point did you begin having symptoms in your neck?

A Well, about a week -- I really didn't know real well. The thing is when the doctor sent me to work, said I couldn't do more than 20 pounds, but I noticed that when I would bend over to get the trash or I would have a glass of water like this (indicating), when I would grab the glass of water, I couldn't do it. It felt like my chest here was opening clear to my back.

         On September 7, 2016, the claimant was again seen at Arkansas Occupational Health Clinic, this time by Nurse Practitioner Amanda Bell. Following is a portion of the medical record from that visit found at Respondent’s Exhibit 1, Page 88 through 89:

HISTORY OF PRESENT ILLNESS

Emma’s primary problem is pain located in the head. She was referred to the clinic by her employer. She describes it as dizzy. Emma says that it seems to be constant. The problem began on 9/1/2016. It is improved with Ibuprofen. She has noticed that it is made worse by bending. She feels it is getting worse.

DISCUSSION

The patient is seen today for

...