Serrano, 052120 ARWC, G906769

• Case Date: May 21, 2020
• Court: Arkansas

JOSE SERRANO, Employee CLAIMANT CARGILL MEAT SOLUTIONS CORP., Employer RESPONDENT SEDGWICK CLAIMS MGT. SERVICES, INC., Carrier RESPONDENT No. G906769 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission May 21, 2020          Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Springdale, Washington County, Arkansas.           Claimant represented by EVELYN E. BROOKS, Attorney, Fayetteville, Arkansas.           Respondents represented by TOM HARPER, JR., Attorney, Fort Smith, Arkansas.           AMY GRIMES, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On February 6, 2020, the above captioned claim came before the Workers’ Compensation Commission in Springdale, Arkansas, for a hearing. A prehearing conference was conducted on December 10, 2019, and a pre-hearing order was filed that same date. A copy of the pre-hearing order has been marked as Commission’s Exhibit No. 1 and with modification and no objection is made part of the record.          The parties agreed to the following stipulations:

1. The Arkansas Workers' Compensation Commission has jurisdiction of this case.

2. The employee/employer/carrier relationship existed at all relevant times including September 13, 2019.

3. The respondents have controverted the claim in its entirety.

4. The compensation rates are to be submitted after the hearing by email.

         The issues to be litigated are limited to the following:

1. Whether claimant sustained a compensable injury to his left foot and toe.

2. Whether claimant is entitled to medical benefits.

3. Whether claimant is entitled to temporary total disability benefits.

4. Attorney fees.

         The claimant contends “He sustained a compensable left foot/toe injury and is entitled to medical treatment and temporary total disability from his last date worked to a date yet to be determined. The claimant reserves all other issues.”          The respondents contend that “claimant did not receive a compensable injury as he alleges.”          The above stipulations are hereby accepted as fact. From a review of the record to include medical reports, documents, and having heard testimony and observed demeanor of all witnesses, the following decision is rendered. The claimant has failed to prove by a preponderance of the evidence that he suffered a compensable injury to his left foot and toe on September 13, 2019.          FACTUAL BACKGROUND          The claimant in this matter is a 63-year-old male who began working for the respondent in 2011 on the deboning line. The claimant testified that he was cleaning the floor on September 13, 2019. The...