ANNA WHITMIRE, EMPLOYEE CLAIMANT
SAINT JEAN INDUSTRIES, INC., EMPLOYER RESPONDENT
TRAVELERS CASUALTY & SURETY CO., INSURANCE CARRIER/TPA RESPONDENT
No. G605033
Arkansas Workers Compensation
Before the Arkansas Workers’ Compensation Commission
March 28, 2018
This
matter was submitted to the Administrative Law Judge on
briefs by the parties to determine if the claimant was
entitled to a “New” or “Second
Request” for a change of physician.
Claimant is represented by Andy L. Caldwell, Attorney at Law,
Little Rock, Arkansas.
Respondents are represented by Amy C. Markham, Attorney at
Law, Little Rock, Arkansas.
JAMES
D. KENNEDY, Administrative Law Judge.
STATEMENT
OF THE CASE
An
issue arose in regard to a “New” or “Second
Request” for a Change of Physician for the Claimant and
consequently, for attorney fees. After a phone conference
between the parties, an Order was entered on February 14,
2018, that the parties would submit briefs in regard to the
“New” or “Second Request” issue
involving a change of physician by February 28, 2018. The
parties did in fact submit briefs by the above date, but due
to the format of one of the parties’ briefs, the
Commission was not able to open one of the briefs until on or
about March 15, 2018. The briefs are blue backed and made a
part of this Opinion and Order.
The
parties are in agreement on the basic facts. Claimant is a 44
year old right hand dominant female who worked for the
Respondent, when she claimed an injury in regard to her left
upper extremity in the middle of February, 2016. The claim
was initially accepted by the Respondents and benefits were
provided. The claimant was originally seen by Doctor Henry
Wallace and she was apparently released to return to work
full duty with no anatomical impairment rating on May 31,
2016. The claimant requested a “Change of
Physician” to Doctor Stephenson at UAMS and this change
was granted on or about October 12, 2016. According to
Respondent’s Brief, Doctor Stephenson diagnosed the
claimant with “left carpal tunnel syndrome and left
ring finger trigger.” For some unknown reason, Doctor...