{"id":"alj-G907375-2023-06-29","awcc_number":"G907375","decision_date":"2023-06-29","opinion_type":"alj","claimant_name":"Tracy Scroggins","employer_name":"Wayne Holden & Company","title":"SCROGGINS VS. WAYNE HOLDEN & COMPANY AWCC# G907375 JUNE 29, 2023","outcome":"unknown","outcome_keywords":[],"injury_keywords":["knee","hip","back","ankle","fracture","lumbar"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/SCROGGINS_TRACY_G907375_20230629.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SCROGGINS_TRACY_G907375_20230629.pdf","text_length":26124,"full_text":"1 \n \nBEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO.: G807375 \n \nTRACY SCROGGINS, EMPLOYEE                                                                     CLAIMANT \n \nWAYNE HOLDEN & COMPANY, EMPLOYER                    RESPONDENT NO.   1 \n \nACCIDENT FUND INSURANCE, \nTHIRD PARTY ADMINISTRATOR \n(TPA)                                                                                                        RESPONDENT NO.   1 \n                              \nDEATH & PERMANENT TOTAL DISABILITY \nTRUST FUND                                                                                         RESPONDENT NO.   2 \n \n     OPINION FILED JUNE 29, 2023 \nThis matter comes before Administrative Law Judge Chandra L. Black on the record.     \nClaimant represented by the Honorable Laura Beth York, Attorney at Law, Little Rock, Arkansas. \nRespondents No. 1 represented by the Honorable Ms. Karen H. McKinney, Attorney at Law, Little \nRock, Arkansas. \n \nRespondent No. 2 represented by the Honorable Christy L. King, Attorney at Law, Little Rock, \nArkansas.  \n \n                           Statement of the Case    \n On June 19, 2023, the above-referenced referenced claim was submitted on the record, \nby agreement of the parties, as an alternative to an in-person hearing.  A prehearing telephone was \nheld in this claim on January 18, 2023.  On that same date, a Prehearing Order was entered.  The \ncrucial issue presented for adjudication involves the Claimant’s entitlement to additional medical \ntreatment for his admittedly compensable accidental injury of October 26, 2018.  Specifically, the  \n\nScroggins -G807375 \n \n2 \n \nparties agreed to have the issues of controversy involving the Claimant’s entitlement to additional \nmedical  services  under  the  care  of  Dr.  Brent  Lawrence  and  at  Bowen  Hefley  considered  on  the \nrecord.     \nStipulations: \nBy  agreement  of  the  parties,  the  following  stipulations  applicable  to  this  claim  are  as \nfollows: \n1. The Arkansas Workers' Compensation Commission has jurisdiction of this claim. \n \n2.   The Claimant sustained a compensable injury to multiple parts of his body on  \nOctober 26, 2018, including but not limited to his left knee, left hip, and lower back. \n3.   The Claimant earned an average weekly wage at the time of his injury sufficient to \n      entitle him to the maximum weekly compensation rates of $673.00 for temporary  \n      total disability and $505.00 for permanent partial disability. \n \n4. The Claimant received and signed the AR-N on November 8, 2018.  \n \n5. Respondents  No.  1  initially  accepted  only  the  left  hip  and  left  knee  injuries  as \ncompensable. \n \n6. As of December 27, 2021, Respondents No. 1 acknowledged and accepted the lower \nback injury as compensable. \n \n7. The Claimant's authorized treating physician for his hip and knee injuries was Dr. \nHenry Wallace. \n \n8. The  Claimant  first  treated  with  Dr.  Brent  Lawrence  on  August  5,  2019,  and  Dr. \nLawrence recommended \"for now, we will watch his hip\" and either \"possible ligament \nand   posterolateral   corner   repair   or   replacement   surgery\"   for   the   knee   and   he \nrecommended a referral to \"Dr. Joel Smith to discuss this further.\" \n \n9. The Claimant petitioned for and received a change of physician from Dr. Wallace to \nDr. Joel Smith on October 22, 2019. \n \n\nScroggins -G807375 \n \n3 \n \n10.   Dr. Smith recommended a left total knee replacement. \n \n11.   Respondents No. 1 requested and obtained an IME from Dr. Lowry Barnes. \n \n12.  After Dr. Barnes agreed that a total knee replacement was reasonable and necessary, \n Respondent-employer approved this treatment.   \n \n13.  Dr. Smith performed a left total knee replacement on February 20, 2020. \n \n14.  Dr. Smith opined the Claimant reached maximum medical improvement from his left   \n total knee replacement on October 13, 2020. \n \n15.  Dr. Smith assessed Claimant with a 37% impairment to the left lower extremity. \n \n16.  The Claimant sought treatment from Bowen Hefley on April 16, 2020, without   \n obtaining authorization for this treatment from the respondent-carrier. \n \n17. The Claimant returned to Dr. Brent Lawrence for additional treatment without a referral \nfrom Dr. Smith or seeking authorization for this treatment from respondent-carrier. \n \n18.  Dr. Brent Lawrence performed left hip replacement surgery on May 10, 2021. \n \n19.  Dr. Brent Lawrence did not obtain preauthorization for this hip replacement procedure \npursuant to Commission Rule 099.30. \n \n20.  Dr. Brent Lawrence performed a revision of the total left knee replacement on October \n11, 2021. \n \n21. Dr. Lawrence did not obtain preauthorization of the revision of the total left knee as \nrequired by Commission Rule 099.30. \n \n22.  Respondent-carrier paid temporary total disability benefits for each of the Claimant's \nsurgeries performed by Dr. Lawrence. \n \n23.  The Claimant reached maximum medical improvement from his compensable \ninjuries on April 18, 2022. \n \n24.  Respondents have accepted the Claimant as being permanently and totally disabled as    \na result of his compensable injuries. \n \n\nScroggins -G807375 \n \n4 \n \n25. The Death & Permanent Total Disability Trust Fund will assume liability for permanent \nand total disability benefits on July 11, 2028. \nIssue(s) \nBy  agreement  of  the  parties,  the  central  issue  to  be  decided is  as  follows:  whether  the \nmedical treatment that the Claimant received under the care of Dr. Hefley and Dr. Lawrence was \nunauthorized medical treatment pursuant to Commission Rule 099.30, for which Respondents No. \n1 are not liable for because the Claimant did not obtain valid referrals and preauthorization prior \nto treating with these physicians.  In the event the Claimant is able to overcome these hurdles, he \nmust show that the medical treatment he received from them was reasonable and necessary for his \ninjuries.   \nContentions \n Claimant: The Claimant contends that on October 26, 2018, Claimant was involved in an \nincident  where  he  was  pinned/crushed  between  two  pieces  of  heavy  equipment  and  sustained \nmultiple injuries in the scope and course of his employment. Primarily, the Claimant injured his \nback, left hip, left knee, left ankle and his ribs.  The Claimant was taken to Shreveport LSU for \nemergency treatment. \n LSU Emergency Room Department diagnostic tests revealed a fracture of the left femoral \nhead and Claimant underwent surgery with hardware on October 28, 2018. \n Claimant was transferred back to Arkansas to treat with Dr. Henry Wallace.  An MRI  to \nthe Claimant’s left knee revealed a tear.  Dr. Wallace recommended surgery to the knee.  Claimant \nunderwent the arthroscopic knee surgery on December 28, 2018. \n\nScroggins -G807375 \n \n5 \n \n An  FCE  ordered  and  the  Claimant  gave  a  reliable  effort,  with  53  of  53  consistency \nmeasures.  Dr. Wallace released the Claimant at MMI for his knee and gave him an 11% rating to \nthe knee on April 23, 2019.  Dr. Wallace noted that the Claimant could not return to his previous \nemployment.  Dr. Wallace also ordered a CT of the Claimant’s left hip. \n The Claimant followed up with AR Care and additional treatment was being provided to \nthe  Claimant  regarding  his  injuries.    A  nerve  conduction  study  was  ordered,  and  Dr.  Anderson \nnoted that the EMG was an abnormal study. \n The Respondent then sent the Claimant to Rick Byrd for rating evaluations.  On June 24, \n2019 Rick Byrd assessed the Claimant with a 4% rating to the hip and a 9% LE rating to the knee. \n On  July  11,  2019,  Dr.  Anderson  ordered  a  Lumbar  Spine  MRI,  which  revealed  a  disc \nextrusion at L3-L4.  The Respondents, however, denied the low back injury in its entirety. \n Claimant  was  seen  by  Dr.  Brent  Lawrence,  who  diagnosed  the  Claimant  as  having  post \ntraumatic arthritis as a result of the work accident and recommended that the treatment left would \nbe total joint replacement for the knee and wanted to monitor the treatment of the hip. \n Claimant filed a Change of Physician to Dr. Joel Smith, who performed a left total knee \narthroplasty surgery on February 20, 2020.  The Respondents paid for this treatment.  On October \n13, 2020 Dr. Smith released the Claimant at MMI with 37% LE rating. \n Claimant  followed  up  with  Dr.  Lawrence,  who  recommended  another  MRI  on  the \nClaimant’s hip and noted that the Claimant would eventually require a hip replacement surgery.  \nDr.  Anderson  confirmed  on  April  9,  2020  that  the  Claimant  would  eventually  need  a  total  hip \nreplacement.  This was denied by the respondent-insurance carrier.  Claimant underwent the total  \n \n\nScroggins -G807375 \n \n6 \n \nhip arthroplasty on May 10, 2021. \n Dr.  Anderson  referred  the  Claimant  to  Dr.  Siddiqui,  which  was  also  denied  by  the \nRespondents. \n    Claimant was treated at Bowen and Hefley when Dr. Lawrence left the practice.  A bone \nscan  was  ordered  and  appeared  normal.     Claimant  followed-up  with  Dr.  Siddiqui,  who \nrecommended that the Claimant be seen by a neurologist, and he was referred to Dr. Burba.  Dr. \nBurba ordered additional testing, which revealed that the right and left peroneal nerve was reduced \nin  amplitude,  that  both  motor  and  sensory  nerves  were  reduced  in  amplitude  and  chronic \ndenervation  of  the  lumbar  spine  at  L4.  Dr.  Burba  opined  that  the  Claimant  suffers  from \npolyneuropathy,  severe  axonal  motor  and  sensory  poly  neuropathy  in  the  legs,  and  that  the \nClaimant suffers from CRPS.  As a result, Dr Siddiqui has not recommended a spinal stimulator. \n Claimant has had the trial spinal cord stimulator, which was successful.  Claimant then had \nthe replacement of the spinal cord stimulator on August 9, 2021.  It was successful.  \n Claimant was followed up with by Dr. Lawrence who recommended a revision of the left \ntotal  arthroplasty,  which  was  denied  by  the  workers’  compensation  carrier.    The  Claimant \nunderwent the surgery.    \n The Claimant then underwent a FCE and was assigned impairment ratings.  Respondents \nNo. 1 accepted the Claimant as permanently and totally disabled.  \n The Claimant contends that the medical bills from Dr. Lawrence in connection with the hip \nand knee surgery are both reasonable and necessary and should be paid by Respondents No. 1. \nRespondents No. 1: \nThe Claimant sustained compensable injuries to his left knee and left hip for which he has  \n\nScroggins -G807375 \n \n7 \n \nreceived both authorized and unauthorized medical treatment.  Respondents now acknowledge the \ncompensability of Claimant’s back injury as well.  The Claimant received and signed an AR-N on \nNovember  8,  2018.    Accordingly,  Respondents  No.  1  contend  that  they  are  not  liable  for  any \nunauthorized medical treatment received by the Claimant.   \nUnbeknownst  to  Respondents,  the  Claimant  first  saw  Dr.  Lawrence  on  August  5,  2019.  \nDr. Lawrence recommended that “for now, well watch his hip” and either “possible ligament and \nposterolateral corner repair or replacement surgery” for the knee.  The Claimant then sought \ntreatment from Dr. Joel Smith on August 16, 2019.  Dr. Smith ordered an MRI and saw him in \nfollow up on August 30, 2019.  At the follow up appointment on September 17, 2019, Dr. Smith \nrecommended a total knee replacement.  The Claimant then petitioned for a Change of Physician \nto Dr. Joel Smith.  The Change of Physician was approved on October 22, 2019, approving Dr. \nJoel  Smith  as  Claimant  authorized  treating  physician.    Prior  to  approving  the  total  knee \nreplacement, Respondents sent the Claimant to Dr. Lowery Barnes for IME.  After receiving Dr. \nBarnes’ report, Respondent No. 1 authorized the total knee replacement.  Dr. Smith released the \nClaimant  at  MMI  from  this  surgery  on  October  13,  2020  and  assessed  the  Claimant  a  37% \nimpairment to the lower extremity.  This rating has been paid in full. \nDr.  Barnes  also  opined  that  total  hip  replacement  would  be  related  to  the  compensable \ninjury, but he did not recommend a total hip replacement at that time.  Respondents have never \ndenied  liability  for  a  total  hip  replacement.    The  only  physician  to  recommend  a  total  hip \nreplacement  was  Dr.  Lawrence  and  neither  he  nor  the  Claimant  have  ever  provided  the \nRespondents with copies of medical records making this recommendation. \n\nScroggins -G807375 \n \n8 \n \nThe Claimant sought unauthorized treatment from Bowen Hefley on April 16, 2022 with \ncomplaints of left hip pain.  (Contrary to the statement in Claimant’s Contentions, Dr. Lawrence  \nwas never associated with Bowen Hefley.)  It was noted that the MRI of the left hip did not reveal \nany pathology and a bone scan was ordered.  The  bone scan performed on April 28, 2020, was \nnormal.  At a follow-up appointment at Bowen Hefley on May 4, 2020, no additional treatment \nwas recommended for Claimant’s left hip.               \nDr. Smith saw the Claimant on March 5, 2021, as a follow up on both the left knee and left \nhip pain.  Dr. Smith did not recommend any additional treatment at that time. \nRespondents  have  been  advised  the  Claimant  underwent  a  total  hip  replacement  by  an \nunauthorized physician, Dr. Brent Lawrence, on May 10, 2021, which was not preauthorized as \nrequired by Rule 099.30.  Respondents did not controvert this surgery and treatment as they were \nnever made aware of the fact that the Claimant was treating with Dr. Lawrence while also receiving \nauthorized  treatment  from  his  authorized  treating  physician,  Dr.  Joel  Smith  and  unauthorized \ntreatment  from  Bowen  Hefley  Orthopedics.    Upon  learning  of  this  procedure,  Respondents \ninitiated temporary total disability payment beginning the date of surgery.  \nUpon receipt of medical  records  from Dr. Brent  Lawrence, Respondents discovered that \nthe claimant has also undergone an additional revision surgery on his total knee replacement on \nOctober 11, 2021.  Again, this surgery was not authorized as the authorized physician did not seek \nauthorization for his procedure.  Nevertheless, Respondents acknowledge liability for the period \nof temporary total disability related to this unauthorized procedure. \n\nScroggins -G807375 \n \n9 \n \nAfter  receiving  medical  records,  Respondents  now  acknowledge  that  the  Claimant  also \nsustained a compensable injury to his low back.  However, it is unknown how the Claimant came \nto be treated by Dr. Siddiqui and Dr. Burba as neither physician was authorized to treat Claimant   \nand neither physician has submitted medical records to Accident Fund nor billed Accident Fund \nfor their treatment.  Respondents are attempting to pay medical bills for the Claimant’s back by \nrequesting the medical care providers of whom they are aware bill Accident Fund for their services \nso the bills can be paid pursuant to the Arkansas Fee Schedule.  Upon information and belief, the \nClaimant underwent surgery for placement of a spinal cord stimulator by Dr. Michael Calhoun on \nAugust  9,  2021.    Respondents  do  not  have  any  medical  records  related  to  his  procedure.    The \nClaimant  was  still  within  his  healing  period  and  receiving  TTD  for  his  total  hip  replacement \nprocedure when he underwent this procedure.  \nRespondent  No.  2:  The  Trust  Fund  waived  their  participation  in  the  adjudication  of  the \nissues at controversy.          \nEvidentiary Record \n The parties have agreed that the record consists of the following documentary exhibits: \n1.  Prehearing Order of January 18, 2023. \n2. The parties’ respective responsive filings to the Prehearing Questionnaire.  \n3. The parties filed Agreed to Stipulations with the Commission on January 17, 2023. \n4. Respondents No. 1’s Non-Medical Records consisting of ninety-five (95) numbered \npages. \n\nScroggins -G807375 \n \n10 \n \n5. A Joint Medical Exhibit consisting of one thousand and one hundred forty-three (1,143) \nnumbered pages.\n1\n \n \n6. The parties simultaneously filed Post-Trial Briefs on February 20, 2023. \n       FINDINGS OF FACT AND CONCLUSIONS OF LAW \nBased on my review of the record as a whole, to include the aforementioned documentary \nevidence, other matters properly before the Commission, and after having had an opportunity to \nreview all of the relevant evidence, I hereby make the following findings of fact and conclusions \nof law in accordance with Ark. Code Ann. §11-9-704 (Repl. 2012):  \n1.     The Arkansas Workers’ Compensation Commission has jurisdiction over this     \n \n     of this claim. \n          2.         I hereby accept the afore stipulations as fact. \n          3.         The preponderance of the credible shows that the Claimant was furnished a Form  \n                      AR-N, and that the treatment that the Claimant’s received from Dr. Lawrence and  \n          Bowen Hefley was unauthorized and shall not be the responsibility of Respondents  \n                      No. 1. \n4.       Based on the above finding, the remaining issues relating to preauthorization under  \n                      Commission Rule 099.30, and whether the medical treatment was reasonable and \n                      necessary have been rendered moot and not discussed herein. \n \n1\n There is a clerical error in the Prehearing Order of January 18, 2023, on page 2, under \nthe section of the Designated Record, at #5.  It incorrectly states that there are eleven thousand \nand one hundred forty-three pages of the Joint Medical Exhibit, instead of one thousand and one \nhundred forty-three (1,143).    \n\nScroggins -G807375 \n \n11 \n \n                                                          Discussion           \nThe Claimant sustained multiple injuries on or about October 26, 2018, in the course and    \nscope of his employment with the respondent-employer.  His accidental injury occurred while he \nwas attempting to help a newly hired delivery driver.  The driver was trying to knock the equipment \noff of the “lowboy” trailer by striking the back of the equipment with the bucket of a “trackhoe.”        \nThe Claimant started to help the delivery driver remove the equipment off the trailer.  Then, he got \nin the seat of the equipment that need to be removed.  As the Claimant tried to move the equipment, \nthe driver started another attempt to move it.  At that point, the equipment shifted forward, and the \nClaimant became pinned against the steering wheel and control panels.  The Claimant immediately \nheard his left hip “pop.” \nShortly,  thereafter  the  Claimant  was  life  lifted  by  helicopter  to  LSU  Health  Shreveport. \nThe Claimant was evaluated and treated for injuries primarily to his hip and knee.  Respondents \nNo.  1  accepted  compensability  for  both  of  these  injuries.    However,  Respondents  No.  1  later \naccepted compensability for an injury to the Claimant’s low back.  Respondents No. 1 have paid \nindemnity and medical benefits on this claim.  The Respondents have  accepted the Claimant as \nbeing permanently and totally disabled as a result of his injuries.  \nAn overview of the Claimant’s treatment has been provided as outlined in the parties’ \nstipulations, contentions, and briefs.  Therefore, I will not repeat all of those facts here.   \nNevertheless, the Claimant’s treating physician for his hip and knee injuries was Dr. Henry \nWallace.    The  parties  stipulated  that  the  Claimant  petitioned  the  Commission  for  a  change  of \nphysician to switch from treating with Dr. Wallace to treat with Dr. Joel Smith.  The Administrator \n\nScroggins -G807375 \n \n12 \n \nof the Medical Cost Containment Department entered a change of physician order for the Claimant \nto treat with Dr. Smith, on October 22, 2019.   \nAt issue is whether the medical treatment that the Claimant received from Dr. Lawrence \nand Hefley Bowen was authorized medical expenses.  Under these change-of-physician rules, the \n“employer has the right to choose the initial primary care physician.  Once a physician has been \nchosen, a Claimant is only allowed to change physicians once, and then  only by petitioning the \nCommission.  “Treatment or services furnished or prescribed by any physician other than the ones \nselected  according  to  the  foregoing,  except  emergency  treatment,  shall  be  at  the  Claimant’s \nexpense.” Ark. Code Ann. §11-9-514(b) (emphasis added).  \nAfter  being  notified  of  an  injury,  the  employer  or  insurance  carrier  must  deliver  to  the \nClaimant (in person or by certified or registered mail, return receipt requested) a copy of a notice \napproved   or   prescribed   by   the   Commission,   which   explains   the   Claimant’s  rights  and \nresponsibilities  concerning  change  of  physician.  Ark.  Code  Ann.  §11-9-514(c).    Providing  this \nnotice is critical.  If an employer fails to provide this notice, then the change-of physician rules do \nnot  apply.  However,  if  the  employer  does  provide  this  notice,  then  any  unauthorized  medical \nexpenses  incurred  after  the  Claimant  has  received  a  copy  of  the  notice  “shall  not  be  the \nresponsibility of the employer.” Ark. Code Ann. § 11-9-514(c)(3) (emphasis added). \nAs a general rule, proof of delivery of a Form AR-N is a prerequisite to application of the \nchange of physician rules as a bar to liability for unauthorized treatment.  See generally Stephenson \nv. Tyson Foods, Inc., 70 Ark. App. 265, 19 S.W.3d 36 (2000).   However, the Commission has \nconcluded that, once a Claimant petitions the Commission for a change of physician, delivery of \n\nScroggins -G807375 \n \n13 \n \nthe  notice  is  not  an  issue.    William  M.  Johnson  v.  Ranch  Properties,  Inc.,  Full  Workers’ \nCompensation Commission, Opinion filed December 21, 1993 (E111447). \nThe parties stipulated that the Claimant received and signed the Form AR-N on November \n8,  2018.    During  his  deposition  testimony,  the  Claimant  confirmed  that  he  signed  for  the  Form \nAR-N  and  his  wife  filled  the  form  out  for  him.    Based  on  this  evidence,  and  the  fact  that  the \nClaimant obtained a change of physician October 2019, I find that the Claimant received the Form \nN  (both  pages)  on  November  8,  2018,  by  hand  delivery,  and  had  knowledge  of  his  rights  and \nresponsibilities.    Therefore,  treatment  or  services  furnished  to  or  prescribed  by  an  unauthorized \nphysician shall be at the Claimant’s expense.  Ark. Code Ann. §11-9-514.  \nIn the case at bar, neither Dr. Brent Lawrence nor Bowen Hefley is the Claimant’s treating \nphysician.  The evidence before me shows that the Claimant began treating with Dr. Lawrence on \nAugust 5, 2019, for continued knee pain without a valid referral.  The parties stipulated that the \nClaimant returned to Dr. Lawrence for additional medical without a valid referral from Dr. Smith.  \nThey  further  stipulated  that  on  May  10,  2021,  Dr.  Lawrence  performed  left  hip  replacement \nsurgery.  On October 11, 2021, Dr. Lawrence performed a total left replacement surgery.     \nMoreover, the parties stipulated that the Claimant sought medical treatment from Bowen \nHefley Orthopedics (for his hip pain) beginning on April 16, 2020, without receiving authorization \nfrom  the  respondent-carrier.    There  is  no  probative  evidence  of  record  demonstrating  that  the \nClaimant treated with Bowen Hefley on a valid referral or due to emergency treatment.  \nBased on my review of the record, I am unable to find that Dr. Lawrence or Bowen Hefley \nwas ever the Claimant’s authorized treating physician or that the Claimant sought treatment from  \n\nScroggins -G807375 \n \n14 \n \nthem on a valid referral.  Nor does the record show that the Claimant sought medical service from \neither  Dr.  Lawrence  or  Bowen Hefley  under  conditions  which  would  be  characterized  as \n“emergency  treatment.” Furthermore,  there  is  no  evidence  proving  that  Respondents  No.  1 \ncontroverted the Claimant’s medical treatment during the time he sought medical treatment from  \nDr. Lawrence or Bowen  Hefley.   In fact, the Claimant testified  during his deposition testimony \nthat he found Dr. Lawrence on his own, on the Internet.  However, during his deposition testimony, \nthe Claimant maintained that he did not recall who referred him to Dr. Hefley.  Considering the \nClaimant  was  provided  a  Form  AR-N  on  November  8,  2018,  informing  him  of  his  rights  and \nresponsibilities,  I  find  that  the  medical  treatment  the  Claimant  sought  from  Dr.  Lawrence  and \nBowen  Hefley  was  unauthorized  medical  treatment  obtained  at  his  own  expense.    Therefore, \nRespondents No. 1 are not liable for the medical services that the Claimant received from these \nunauthorized physicians.        \nThe issues  relating to preauthorization under Commission Rule 099.13, and whether the \nmedical care was  reasonably and necessary for the injuries received by the Claimant have  been \nrendered moot and not discussed in this opinion.                 \n                ORDER  \nBased on the foregoing findings and conclusion and of law, I find that Respondents No. 1 \nhand  delivered  to  the  Claimant  a  Form  AR-N  on  November  8,  2018.    Therefore,  the  medical \ntreatment the Claimant received from Dr. Lawrence and Bowen Hefley was unauthorized medical \nservices for his compensable injury of October 26, 2018.   \nAccordingly, Respondents No. 1 shall not be liable for any medical expenses incurred by  \n \n\nScroggins -G807375 \n \n15 \n \nthe  Claimant  while  under  the  care  of  Dr.  Lawrence  and  Bowen  Hefley.    All  remaining  issues \nrelating to the afore mentions medical services have been rendered moot and not addressed in this \nopinion.   \nIT IS SO ORDERED. \n \n \n                                  _____________________________                                                            \n                     Hon. Chandra L. Black \n                     Administrative Law Judge","preview":"1 BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO.: G807375 TRACY SCROGGINS, EMPLOYEE CLAIMANT WAYNE HOLDEN & COMPANY, EMPLOYER RESPONDENT NO. 1 ACCIDENT FUND INSURANCE, THIRD PARTY ADMINISTRATOR (TPA) RESPONDENT NO. 1 DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT NO. 2 OPINION FILED JUNE 29, 2...","fetched_at":"2026-05-19T23:06:56.960Z","links":{"html":"/opinions/alj-G907375-2023-06-29","pdf":"https://labor.arkansas.gov/wp-content/uploads/SCROGGINS_TRACY_G907375_20230629.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}