Whitmire, 032818 ARWC, G605033

Case DateMarch 28, 2018
CourtKansas
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...

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