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...