Selig, 052517 ARWC, G606645

• Case Date: May 25, 2017
• Court: Kansas

CHRISTOPHER SELIG, EMPLOYEE CLAIMANT CITY OF HOT SPRINGS, EMPLOYER RESPONDENT MUNICIPAL LEAGUE WCT, INSURANCE CARRIER/TPA RESPONDENT No. G606645 Arkansas Workers Compensation Before the Arkansas Workers’ Compensation Commission May 25, 2017           MARK CHURCHWELL, Administrative Law Judge.          STATEMENT OF THE CASE          This matter comes on for a decision on a documentary record. By agreement of the parties, the issues to be litigated and resolved at the present time were limited to the following:

1. The extent of impairment for the claimant's admittedly compensable left knee injury sustained on June 7, 2016.

         The record consists of the following documents which I have "blue-backed" together to designate as the record in this matter: (1) the Claimant's Brief filed on May 10, 2017, with a one page medical report attached as an exhibit (designated Claimant's Exhibit 1), and (2) the Respondents' Brief filed on May 10, 2017, with 20 pages of medical reports and an index attached (designated Respondents' Exhibit 1).          FINDINGS OF FACT AND CONCLUSIONS OF LAW          1. The claimant has failed to establish by a preponderance of the evidence that he is entitled to any award of permanent impairment in excess of the 5% rating to the left lower extremity accepted by the respondents.          DISCUSSION          The Arkansas Court of Appeals thoroughly discussed the requirements necessary to establish an entitlement to benefits for a permanent anatomical impairment in Excelsior Hotel v. Squires, 83 Ark.App. 26, 115 S.W.3d 823 (2003).          First, benefits for permanent impairment must be based on an impairment rating using the AMA Guides to the Evaluation of Permanent Impairment (4^th ed. 1993). The Commission may review the Guides even if the Guides are not in the record, and the Commission may determine its own impairment rating under the Guides, rather than simply assessing the validity of impairment ratings assigned by doctors. Avaya v. Bryant, 82 Ark.App. 273, 105 S.W.3d 811 (2003).          Second, benefits for permanent anatomical impairment shall be...