Ussery, 011720 ARWC, G300101

Case DateJanuary 17, 2020
CourtKansas
SHERRY USSERY, EMPLOYEE CLAIMANT
ARCELORMITTAL PINE BLUFF WIRE, EMPLOYER RESPONDENT
NEW HAMPSHIRE INS. CO., INSURANCE CARRIER/TPA RESPONDENT
CLAIM NO. G300101, G401696
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
January 17, 2020
         Hearing before Administrative Law Judge Elizabeth W. Hogan on January 18, 2019, in Pine Bluff, Jefferson County, Arkansas.           Claimant appeared pro se.           Respondents represented by Mr. William M. Bridgforth, Attorney at Law, Pine Bluff, Arkansas.           ELIZABETH W. HOGAN ADMINISTRATIVE LAW JUDGE.          ISSUES          This case was remanded by the Full Commission’s opinion of September 16, 2019.          A hearing was conducted to determine the claimant’s entitlement to payment of medical treatment (neck and back), temporary total disability benefits subsequent to August 14, 2014, and sanctions.          At issue is the compensability of the back injury, Ark. Code Ann. §11-9-102; notice of injury, Ark. Code Ann. §11-9-701; reasonable and necessary medical treatment for a 2012 neck injury, Ark. Code Ann. §11-9-508; and sanctions.          After reviewing the evidence impartially, without giving benefit of the doubt to either party, Ark. Code Ann. §11-9-704, I find the evidence does not preponderate in favor of the claimant.          STATEMENT OF THE CASE          The parties stipulated to an employer-employee-carrier relationship on October 12, 2012, when the claimant sustained a compensable cervical injury, and February 24, 2014, when the claimant asserts she sustained a gradual lumbar injury; and that some expenses and benefits have been paid by Cigna Health and Life.          The claimant seeks payment of medical expenses and temporary total disability benefits from October 1, 2014, to a date yet to be determined. The claimant also seeks additional medical treatment (fusion recommended by Dr. Zachary Mason) with attendant temporary total disability benefits and medical expenses.          The respondents contend the claimant did not suffer or timely report a compensable injury to her back while employed with respondent in January of 2014. The claimant’s cervical strain in October of 2012 was minor and the claimant is not entitled to additional benefits as a result of that incident. The respondent’s contentions are fully supported by the Independent Medical Evaluation (IME) completed by Dr. Scott Schlesinger on January 31, 2017.          The following were submitted without objection and comprise the evidence of record: the parties’ prehearing questionnaires and exhibits contained in the eight (8) volume transcript along with Dr. Schlesinger’s deposition incorporated by reference.          The following witnesses testified at the hearing: the claimant and production manager, Mike Barrett. The claimant used a cane to ambulate.          The claimant, age 54 (date of birth: July 29, 1964), has a high school education, vo-tech training as a secretary, and two (2) semesters of college (communications, criminal justice). Her work history includes cotton processing, assembly line work, quality control, stacking, and factory work. She began work for the respondent-employer in October 2006. The claimant’s health history includes a 1996 motor vehicle accident (MVA) requiring treatment and a 2009 MVA neck and back strain requiring treatment and resulting in a settlement. The claimant also injured her shoulder after falling in the shower and she was hit by a forklift when she worked at Southern Bag. She sustained a lumbar contusion in January 2005 requiring medical treatment. She applied for Social Security Disability in January 2017, based on depression, anxiety, and neck and back injuries and receives $1,354.00 monthly.          The claimant contends she sustained two (2) gradual work-related injuries: her neck in 2012 (G300101) and her back in 2014 (G401696). The dates of her MRI scans were used as her dates of injuries.          The claimant described her job duties as hand intensive, with lifting, bending, and pushing to meet a quota. The claimant was required to operate machines (15-30) twisting wire on spools (15), (see photos in claimant’s exhibit packet). She injured her neck trying to open heavy doors and an October 12, 2012, MRI scan was positive for degeneration and a herniated nucleous pulposas (HNP). She was also diagnosed with carpal tunnel syndrome (CTS). A valid Functional Capacity Evaluation (FCE) classified her in the medium work category, and she was placed on the...

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