Tillery, 122718 ARWC, G206606

• Case Date: December 27, 2018
• Court: Kansas

SHARON TILLERY, Employee CLAIMANT WAL-MART ASSOCIATES, Employer RESPONDENT CLAIMS MANAGEMENT, INC., Carrier RESPONDENT WCC No. G206606 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission December 27, 2018          Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington County, Arkansas.           Claimant appearing pro se.           Respondents represented by CURTIS L. NEBBEN, Attorney, Fayetteville, Arkansas.           GREGORY K. STEWART, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On December 5, 2018, the above captioned claim came on for a hearing at Springdale, Arkansas. A pre-hearing conference was conducted on October 17, 2018, and an amended pre-hearing order was filed on October 22, 2018. A copy of the amended pre-hearing order has been marked Commission's Exhibit #1 and made a part of the record without objection.          At the pre-hearing conference the parties agreed to the following stipulations:

1. The Arkansas Workers’ Compensation Commission has jurisdiction of the within claim.

2. The prior opinions are final.

         At the pre-hearing conference the parties agreed to litigate the following issues:

1. Payment of radiology bill.

2. Payment of temporary total or permanent partial disability benefits.

3. Statute of limitations.

4. Respondent’s motion to dismiss without prejudice all benefits claimed in Form AR-C not previously litigated.

         With respect to the issue involving payment of a radiology bill, the parties agreed that claimant had provided Mr. Nebben with a copy of a radiology bill in the amount of $314.00. Mr. Nebben indicated that if it is determined that that bill is related to claimant’s injury, it is respondent’s intention to pay that bill. Therefore, this is no longer an issue for consideration at the hearing.          The claimant contends she is entitled to payment of temporary total disability or, alternatively, permanent partial disability benefits.          The respondent contends that “the claimant’s claims for additional temporary total disability, permanent partial disability, and medical expenses are barred by the applicable statute of limitations. A hearing was conducted in the above matter on July 23, 2014 on the issue of the claimant’s entitlement to additional medical expenses, temporary total disability and permanent partial disability benefits. In an Opinion filed August 20, 2014, the claimant was awarded additional medical treatment, temporary total disability and permanent partial disability benefits. It has been more than one year from the last payment of benefits, and therefore the statute of limitations bars these claims. In the alternative, the respondents contend that any additional medical treatment is unreasonable, unnecessary and does not arise out of the compensable injury. In addition, the claimant has been paid all temporary total disability benefits to which she is entitled, she has not been in her healing period subsequent to the Opinion of August 20, 2014 and is not entitled to any temporary total disability benefits. Likewise, the claimant has been awarded a permanent anatomical impairment rating and wage loss benefits, and those issues are now barred by the doctrine of res judicata in addition to the statute of limitations. The respondents contend the claimant is not entitled to any additional permanent partial disability benefits and there has been no change of physical circumstances to allow her to any additional permanent partial disability benefits. In addition, the respondents previously filed a Motion to Dismiss seeking a dismissal without prejudice for all claims previously made by the claimant in her Form AR-C and not previously litigated. The respondents contend that based on the prehearing conference...