Shearburn, 100721 ARWC, G900748

Docket NºCLAIM G900748
Case DateOctober 07, 2021
CourtKansas
DALE A. SHEARBURN, EMPLOYEE CLAIMANT
TYSON POULTRY INC., SELF-INSURED EMPLOYER RESPONDENT
CLAIM No. G900748
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
October 7, 2021
         Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Fort Smith, Sebastian County, Arkansas.           Claimant represented by MICHAEL L. ELLIG, Attorney, Fort Smith, Arkansas.           Respondents represented by R. SCOTT ZUERKER, Attorney, Fort Smith, Arkansas.           JOSEPH C. SELF ADMINISTRATIVE LAW JUDGE          STATEMENT OF THE CASE          On August 31, 2021, the above captioned claim came before the Workers’ Compensation Commission in Fort Smith, Arkansas, for a hearing. A prehearing conference was conducted on June 17, 2021, and a prehearing order filed that same date. A copy of the prehearing order has been marked as Commission’s Exhibit No. 1 with modification and no objection is made part of the record. The parties’ exhibits were both admitted into evidence without objection.          The parties agreed to the following stipulations:
1. The Arkansas Workers' Compensation Commission has jurisdiction of this claim.
2. The employee/employer/carrier relationship existed on January 25, 2019.
3. On January 25, 2019, claimant was involved in an accident at work.
4. The compensation rates are the maximum.
         The issues to be litigated are limited to the following:
1. Whether claimant sustained a compensable injury to his cervical spine on January 25, 2019.
2. If found to be compensable, whether claimant is entitled to medical benefits for the injury to his cervical spine.
         All other issues are reserved.          The claimant contends that he sustained a compensable injury to his cervical spine in the employment related accident that reasonably requires medical services, as recommended by Dr. Arthur Johnson. He contends that the respondents have controverted such benefits and are liable for the statutory attorney’s fee on all appropriate benefits.          The respondents contend that claimant did not sustain a compensable injury to the cervical spine as that term is defined by Act 796.          The above stipulations are hereby accepted as fact. From a review of the record as a whole to include medical reports, documents, and having heard testimony and observed demeanor of all witnesses, the following decision is rendered.          FINDINGS OF FACT AND CONCLUSIONS OF LAW          1. The stipulations agreed to by the parties at the prehearing conference conducted on June 17, 2021, and contained in the Prehearing Order filed the same date, as well as the announced stipulations at the hearing on August 31, 2021, are hereby accepted as fact.          2. Claimant has proven by a preponderance of the evidence that he sustained a compensable injury to his cervical spine on January 25, 2019.          3.Claimant has met his burden of proof by a preponderance of evidence that he is entitled to additional medical treatment from Dr. Arthur Johnson for his cervical spine injury.          FACTUAL BACKGROUND          Before the hearing began, claimant withdrew his claim for temporary total disability benefits, agreeing with respondent that while being treated for his lower extremity injuries he received temporary total disability benefits, and as of the date of the hearing was not due...

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