Sigler, 011118 ARWC, G704138

• Case Date: January 11, 2018
• Court: Arkansas

JACOB SIGLER, EMPLOYEE CLAIMANT SUPREME CUSTOM FABRICATORS, INC., EMPLOYER RESPONDENT UNION INSURANCE COMPANY, UNION STANDARD INSURANCE COMPANY, INSURANCE CARRIER/THIRD PARTY ADMINISTRATOR TPA) RESPONDENT No. G704138 Arkansas Workers Compensation Before the Arkansas Workers’ Compensation Commission January 11, 2018          Hearing was held before Administrative Law Judge Chandra L. Black, in Little Rock, Pulaski County, Arkansas.           The claimant represented by Mr. Thomas W. Mickel, Attorney at Law, Conway, Arkansas.           Respondents represented by Ms. Karen McKinney, Attorney at Law, Little Rock, Arkansas.           CHANDRA L. BLACK, Administrative Law Judge.          STATEMENT OF THE CASE          A hearing was held in the above-styled claim on November 28, 2017, in Little Rock, Arkansas. A Prehearing Order was previously entered in this case on August 22, 2017, by Former Administrative Law Judge Mark Churchwell. This Prehearing Order set forth the stipulations offered by the parties, the issues to be litigated, and their respective contentions.          Stipulations          The following stipulations were submitted by the parties, either pursuant to the Prehearing Order, or at the time of the hearing. I hereby accept the following stipulations as fact:          1. The Arkansas Workers’ Compensation Commission has jurisdiction of the within claim.          2. The employee-employer-insurance carrier relationship existed at all relevant times, including on October 14, 2016.          3. The claimant’s average weekly wage at the time of his alleged injury was $566.65. His weekly temporary total disability rate is $378.00, and his weekly permanent partial disability rate is $284.00.          4. This claim has been controverted in its entirety.          5. All other issues not litigated herein are reserved under the Arkansas Workers’ Compensation Act.          6. Following the hearing, I attempted to listen to the DVD from the Appeals Tribunal but was unable to do so. The parties stipulated that the DVD is not readable/audible in its current format.          Issues          By agreement of the parties, the issues to be litigated at the hearing were as follows:          1. Compensability of the claimant’s alleged right upper extremity/elbow/shoulder injury.          2. Unpaid medical benefits and additional medical treatment.          3. Temporary total disability compensation from June 1, 2017, to a date yet to be determined.          4. An attorney’s fee.          Contentions          Claimant:

1. The claimant contends that he sustained a compensable injury to his right arm on the claimed date of injury when it was pinned between a scissor lift and a wall while working for the employer. The claimant gave notice of the injury. A subsequent MRI demonstrated objective evidence of injury. The claimant can prove he sustained a compensable injury.

2. The claimant received treatment for his injury at Health Care Express and Radiology Associates. The claimant contends he is entitled to additional medical treatment.

3. The claimant has not been able to work due to his scheduled injury since on or about June 1, 2017. The claimant is not at MMI. The claimant is entitled to an award of TTD.

4. The claimant contends that the respondents have controverted this claim with respect to the benefits claimed at present. Therefore, the claimant contends that he is entitled to maximum attorney’s fees on all benefits awarded.

         Respondents:

The respondents contend the claimant did not sustain a compensable injury arising out of and in the course of his employment for which he is entitled indemnity and medical benefits.

         The documentary evidence submitted in this case consists of the hearing transcript of November 28, 2017, and the documents contained therein.          The following witnesses testified at the hearing: the claimant, Christene Baugh, Keith Spurlock, Rocky Beadle, Randy Milam, and Chris Harmon.          DISCUSSION          At the time of the hearing, the claimant was 47 years old. The claimant completed the 10^th grade, and some years later, he obtained his GED. According the claimant, he has mostly on-the-job-training type work. He started out working at McDonald’s, and he also did some commercial work, with both metal and concrete buildings. Also, the claimant performed employment duties at feed mills. He also laid tile for a while. He spent four years doing some rental property work.          The claimant worked for a while at the Cooperative Extension Service, doing maintenance, yard work, and construction maintenance. He injured his back while working there, and had a workers’ compensation claim. This claim was denied, and he never received any kind of benefits due to this injury. The claimant denied having back surgery as a result of said claim.          He also denied having previously injured his right elbow, which is the subject of this claim. The claimant admitted that he had a prior minor finger amputation. He testified that a piece of concrete blew off the tip of his finger. Additionally, the claimant previously rolled a vehicle, for which he sought emergency care at a local hospital. He denied having sustained any major injuries from this vehicle incident. The claimant testified that as a result of this accident, he had a piece of glass in his head, and a sprained his wrist. He admitted that it was his right wrist that was injured. However, the claimant denied that he had any prior problems with his left wrist or elbow, or arm. When the claimant was 15 years old, he broke his left arm.          The claimant began working for Supreme Custom Fabricators, Incorporated, in June of 2016 through a temp company. He had worked for the respondent-employer a little over a year at the time of his alleged injury. Supreme Custom Fabricator does installations of industrial kitchens for schools and various commercial buildings. His employment duties entailed installation of kitchen equipment for these entities. The claimant testified that at the time of his injury, they were working in a place called Tishomingo, Oklahoma.          Regarding his alleged injury, the claimant explained:

A Okay. We were to put a vent-a-hood, which goes above the ovens and the fryers, on the ceiling we had to build a grid of metal and bring it -- it would hang from the ceiling. And then the vent-a-hood went up against the frame.

We unloaded the vent-a-hood in the room, and there was a jack, a Skyjack, that we usually put them on to crank them up. But Rocky, our supervisor, told us to -- we were going to pick it up over our heads. So we proceeded to do so and it almost fell on us, so we set it down. Someone lost their handhold on it, and it almost fell right then, so we set it back down. Went to lift it back up, and I told him, "Let's use the Skyjack." He said, "No. We're going to do it this way." I said, "Fine." You know, I had no choice. My supervisors tell me what to do; we do it.

So we picked it up again. I was holding it up right like this, and Chris Harmon raises a scissor lift that was exactly underneath where the vent-a-hood went. Picked it up, scooted it in, went up with it, and then he lifts the scissor lift up, and it pins my arm between the vent-a-hood and the edge of the handhold bars on top of the scissor lift.

Q Okay. To make sure we're clear, that's your right arm that got pinned?

A Yes, sir.

Q Okay. What happened next?

A Well, I tried to pull it out, and he kept trying to go up with it, so I had to jerk my arm out, and then everybody stopped, and they said, "Are you all right?" And I said, "Well, I guess. I'm not bleeding, and it don't feel broke. Don't look broke." So I took a minute or two, and we finished the job. And I didn't think I was hurt as bad as it was, but I figured I might've pulled a muscle or something.

Q Okay. And as you said, Chris Harmon was present, and then Rodney was present, who else was present?

A It was Rocky, he's a supervisor; me; Chris Harmon; Chris Williams; and I can't -- well, I can't think of this other fellow's name -- Randy Milam.

Q Okay.

A There was five of us there.

Q Okay. The other side provided us a picture of what apparently is a unit similar to what was being installed in Tishomingo, just to give you an idea of size. Can you estimate for me what dimensions are we looking at in that picture of that crate?

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