Walker, 011119 ARWC, G804586

Docket Nº:Claim G804586
Case Date:January 11, 2019
Court:Kansas
 
FREE EXCERPT
FLOYD A. WALKER, EMPLOYEE, CLAIMANT
POLK COUNTY JUDGE, EMPLOYER, RESPONDENT
AAC RISK MANAGEMENT SERVICES, INSURANCE CARRIER, RESPONDENT
Claim No. G804586
Arkansas Workers Compensation
Before the Arkansas Workers' Compensation Commission
January 11, 2019
         Hearing before ADMINISTRATIVE LAW JUDGE AMY GRIMES, in Fort Smith, Sebastian County, Arkansas.           Claimant represented by EDDIE H. WALKER, JR., Attorney, Fort Smith, Arkansas.           Respondents represented by MICHAEL E. RYBURN, Attorney, Little Rock, Arkansas.           AMY GRIMES, ADMINISTRATIVE LAW JUDGE.          STATEMENT OF THE CASE          On October 23, 2018, the above captioned claim came before the Workers’ Compensation Commission in Fort Smith, Arkansas, for a hearing. A pre-hearing conference was conducted on September 4, 2018, 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. The employee/employer/carrier relationship existed on May 22, 2018.          3. The respondents have controverted this claim in its entirety.          4. The compensation rates are $376.00 for temporary total disability and $282.00 for permanent partial disability.          The issues to be litigated are limited to the following:          1. Whether claimant suffered a compensable left hip injury on May 22, 2018.          2. Whether claimant is entitled to medical treatment.          3. Whether claimant is entitled to temporary total disability benefits from July 17, 2018 to August 14, 2018.          4. Attorney fees.          The claimant contends that:          “a. He sustained a compensable injury to his left hip on or about May 22, 2018.          b. He is entitled to temporary disability benefits from July 17, 2018 until a date yet to be determined [8/14/18] and reasonably necessary medical treatment.          c. His attorney is entitled to an appropriate attorney’s fee.”          The respondents contend that “The claimant did not injure his left hip at work on May 22, 2018. He has a vascular necrosis of the hip that did not happen on May 22, 2018. There is no medical proof as to causation. The claimant also has a vascular necrosis of the opposite hip which was not injured.”          The above stipulations are hereby accepted as fact. From a review of the record as a whole to include medical reports, documents, and having heard testimony and observed demeanor of all witnesses, the following decision is rendered. The claimant has proven by a preponderance of the evidence that he suffered a compensable injury to his left hip on May 22, 2018. The claimant has also proven by that same standard that he is entitled to temporary total disability benefits from July 17, 2018 until August 14, 2018, medical benefits, and an attorney fee.          FACTUAL BACKGROUND          The claimant’s wife’s testified on behalf of the claimant in this matter. She stated that she and the claimant had been married for 22 years. She states that prior to the alleged injury date, the claimant had no prior treatment for either of his hips. The witness stated that the claimant returned home from work on May 22, 2018 complaining of pain. She said the claimant...

To continue reading

FREE SIGN UP