Sandlin, 061818 ARWC, G400399

• Case Date: June 18, 2018
• Court: Kansas

MARY SANDLIN, Employee CLAIMANT MCDONALD’S, Employer RESPONDENT #1 RISK MANAGEMENT RESOURCES, Carrier/TPA RESPONDENT #1 DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT #2 WCC No. G400399 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission June 18, 2018          Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington County, Arkansas.           Claimant represented by LAURA BETH YORK, Attorney, Little Rock, Arkansas.           Respondent #1 represented by CURTIS L. NEBBEN, Attorney, Fayetteville, Arkansas.           Respondent #2 represented by DAVID PAKE, Attorney, Little Rock, Arkansas; although not present at hearing.           GREGORY K. STEWART, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On May 16, 2018, the above captioned claim came on for a hearing at Springdale, Arkansas. A pre-hearing conference was conducted on October 23, 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 #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 between claimant and respondent #1 at all relevant times.

3. Claimant sustained a compensable injury to her left knee, left hip, and left shoulder on November 4, 2013.

4. The claimant was earning an average weekly wage of $149.00 which would entitle her to compensation at the weekly rate of $95.00 for temporary total and permanent partial disability benefits.

5. Respondent #1 accepted and paid permanent partial disability benefits based on 2% to the lower extremity.

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

1. Compensability of injury to claimant’s left arm.

2. Temporary total disability benefits from February 26, 2014 through a date yet to be determined.

3. Claimant’s entitlement to additional medical in the form of total knee replacement surgery and medical related to her left arm.

4. Attorney’s fee.

         The claimant contends that on November 4, 2013, she sustained a compensable injury to her left knee, left hip and left shoulder. Respondents accepted the injury and began paying for medical treatment. Claimant underwent surgery on January 6, 2014 for a torn meniscus. The repair did not work, and claimant’s doctor ordered a total knee replacement. Claimant’s knee is continually “going out” on her and causing her to fall. Recently, claimant’s knee gave out and she fell, causing her to break her left arm. Claimant contends she is entitled to medical benefits in the form of a total knee replacement and that she sustained a compensable consequence injury to her left arm. Claimant contends she is entitled to temporary total disability and that her attorney is entitled to an attorney fee. All other issues are reserved.          Respondent #1 contends it has paid all benefits to which the claimant is due based on the present medical evidence. A job was made available for the claimant by the respondent which she voluntarily left. Respondent #1 contends that it presently does not owe the claimant any temporary total disability benefits based on the medical evidence. A total knee replacement has been recommended for the claimant which the respondent has authorized. However, the treating physicians have determined that the claimant should not undergo this surgery until her dental and potential back issues have been resolved. Respondent #1 contends it is not liable for treatment for the claimant’s dental or back issues.          Respondent #2 contends claimant is only seeking medical and temporary total disability benefits at this time and the Trust Fund does not pay those benefits.          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 witness and to observe her 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 October 23, 2017 and contained in a pre-hearing order filed that same date are hereby accepted as fact.          2. Claimant has failed to meet her burden of proving by a preponderance of the evidence that the injury to her left arm on May 5, 2017, is a compensable consequence of her original compensable injury; therefore, respondent is not liable for payment of any medical treatment resulting therefrom.          3. Claimant has failed to prove by a preponderance of the evidence that she is entitled to temporary total disability benefits beginning February 26, 2014 and continuing through a date yet to be determined.          4...