Taylor, 041119 ARWC, F202289

• Case Date: April 11, 2019
• Court: Kansas

GLORIA TAYLOR, EMPLOYEE CLAIMANT C V’S FAMILY FOODS, EMPLOYER RESPONDENT #1 BENCHMARK INSURANCE COMPANY, INSURANCE CARRIER RESPONDENT #1 DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT #2 No. F202289 Arkansas Workers Compensation Before The Arkansas Workers' Compensation Commission April 11, 2019          Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Fort Smith, Sebastian County, Arkansas.           Claimant represented by EDDIE H. WALKER, Attorney, Fort Smith, Arkansas.           Respondent #1 represented by WALTER A. MURRAY, Attorney, Little Rock, Arkansas.           Respondent #2 represented by CHRISTY L. KING, Attorney, Little Rock, Arkansas; although not present at hearing.           AMY GRIMES ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On April 2, 2019, the above captioned claim came before the Workers’ Compensation Commission in Fort Smith, Arkansas, for a hearing. A pre-hearing conference was conducted on January 29, 2019, and a pre-hearing order 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. All prior Opinions are res judicata.

3. The employee/employer/carrier relationship existed on January 27, 2002.

4. The claimant sustained a compensable injury on January 27, 2002.

5. The compensation rates are not an issue.

6. Claimant is permanently and totally disabled.

7. The parties agree that the claimant is authorized to see Dr. Miedema in Northwest Arkansas.

         The issues to be litigated are limited to the following:

1. Whether claimant is entitled to treatment at a scoliosis center in Texas for her admittedly compensable injury.

         The claimant contends that “the treatment at a scoliosis center in Texas as recommended by Dr. Capocelli is reasonably necessary medical treatment regarding the claimant’s compensable injury and that therefore the respondents should be ordered to pay for such treatment.”          Respondent #1 contends that “they have paid all reasonable and necessary expenses as a result of the claimant’s compensable injury.” ...