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...
