{"id":"alj-H001761-2025-02-25","awcc_number":"H001761","decision_date":"2025-02-25","opinion_type":"alj","claimant_name":"Monica Barnes","employer_name":"Mckee Foods Corporation","title":"BARNES VS. MCKEE FOODS CORPORATION AWCC# H001761 February 25, 2025","outcome":"dismissed","outcome_keywords":["dismissed:1","denied:1"],"injury_keywords":["knee"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BARNES_MONICA_H001761_20250225.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BARNES_MONICA_H001761_20250225.pdf","text_length":10221,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n   \n CLAIM NO. H001761 \n \nMONICA BARNES, Employee                                                                        CLAIMANT \n \nMCKEE FOODS CORPORATION, Employer                                          RESPONDENT \n \nCANNON COCHRAN MANAGEMENT SERVICES, Carrier                    RESPONDENT                                                                                \n \n \n OPINION FILED FEBRUARY 25, 2025 \n \nHearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, \nWashington County, Arkansas. \n \nClaimant appearing pro se. \n \nRespondents represented by R. SCOTT ZUERKER, Attorney, Fort Smith, Arkansas. \n \n \n STATEMENT OF THE CASE \n  \n On February  5,  2025,  the  above  captioned  claim  came  on  for  hearing  at \nSpringdale, Arkansas.  A pre-hearing conference was conducted on December 4, 2024 \nand a pre-hearing order was filed on that same date.  A copy of the pre-hearing order has \nbeen marked as Commission’s Exhibit #1 and made a part of the record without objection. \n At the pre-hearing conference the parties agreed to the following stipulations: \n 1.   The Arkansas Workers’ Compensation Commission has jurisdiction of the \nwithin claim. \n 2.   The employee/employer relationship existed between the parties on March 31, \n2019. \n 3.   Respondents have controverted this claim in its entirety. \n At the pre-hearing conference the parties agreed to litigate the following issues: \n\nBarnes – H001761 \n 2 \n1.   Compensability of injury to claimant’s right knee in March 2019. \n2.    Related medical. \n3.    Temporary total disability benefits. \n4.     Statute of Limitations. \n The claimant contends she injured her right knee while working for respondent in \nMarch  2019.    She  requests  payment  of  medical  and  temporary  total  disability  from \nSeptember 15, 2022 through a date yet to be determined. \n The respondents contend that claimant did not sustain a compensable injury as \nthat  term  is  defined  by  Act  796  of  1993.    In  addition,  respondents  raise  the  Statute  of \nLimitations as an affirmative defense.  Respondents contend they are not responsible for \nany medical or indemnity benefits. \n From a review of the record as a whole, to include medical reports, documents, \nand other matters properly before the Commission, and having had an opportunity to hear \nthe testimony of the witnesses and to observe their demeanor, the following findings of \nfact and conclusions of law are made in accordance with A.C.A. §11-9-704: \n \n  FINDINGS OF FACT & CONCLUSIONS OF LAW \n \n 1.   The stipulations agreed to by the parties at a pre-hearing conference conducted \non December  4,  2024 and  contained  in  a  pre-hearing  order  filed  that  same  date  are \nhereby accepted as fact. \n 2. Claimant’s claim for compensation benefits is barred by the statute of \nlimitations. \n \n \n\nBarnes – H001761 \n \n3 \n \n FACTUAL BACKGROUND \n Claimant began working for respondent on September 17, 2012, as a makeup line \noperator. She alleges that she injured her right knee on or about March 31, 2019. She \ntestified that on that day after fixing her machine “I stepped down off of the platform and \nI fell down and I could no longer get up.” She testified that she reported the incident to \nher supervisor and was taken to the nurse’s station.  \n Claimant was sent by respondent to Arkansas Occupational Health Clinic where \nshe was evaluated by Dalana Rice, APRN, on April 4, 2019. Her medical report contains \nthe following history of injury: \nWe  discussed  the  method  of  injury,  which  she  states  was \nwalking  from  one  area  to  another.  She  says  that  she  was \nwalking on a level surface when she suddenly felt a sharp pain \nin the right knee. She tried to continue working, but states that \nthe pain was too severe for her to continue standing, so she \nwas allowed to sit for the remainder of the shift. \n \n Her report also states: \nToday, Ms. Barnes is walking with a slight limp in the exam \nroom  and displays  difficulty  getting  on  the  exam  table. \nHowever, I observed her walking down the hall without a limp. \nWhen she saw me, she began limping again. \n \n Rice  indicated  that  she  did  not  feel  that claimant  had  a  work-related  condition \nbased on x-rays that revealed degenerative changes. She prescribed claimant over-the-\ncounter  medications  and  instructed  her  to  seek  additional  medical  treatment  from  her \nprimary care physician. \n The next medical report is from Dr. Matthew Coker dated January 20, 2020, which \nindicates that claimant gave a history of twisting her knee. Dr. Coker was concerned about \na possible meniscus tear and ordered an MRI scan. The MRI was performed on January \n\nBarnes – H001761 \n \n4 \n \n30, 2020, and did reveal a medial meniscus tear. Dr. Coker recommended surgery but \naccording to claimant, she could not afford the procedure. Claimant subsequently sought \nmedical treatment from Dr. Hamby and he performed partial knee replacement surgery \non September 15, 2022. \n Claimant has filed this claim contending that she suffered a compensable injury to \nher  right  knee  on  or  about  March  31,  2019.  She  requests  payment  of  related  medical \ntreatment and temporary total disability benefits. \n \nADJUDICATION \n Claimant contends that she suffered a compensable injury to her right knee while \nworking  for respondent  in  March  2019.  Respondent  contends  that claimant’s claim is \nbarred by the statute of limitations. Although respondent has controverted this claim, it \ndid send claimant to see Dalana Rice on April 4, 2019, and paid for that visit as reflected \nin   the   payment   record   submitted   into   evidence.   Therefore, claimant’s  claim  for \ncompensation is a claim for additional compensation benefits. Pursuant to A.C.A.  §11-9-\n702(b)(1)  a  claim for  additional  compensation  shall be barred unless  it  is  filed  with  the \nCommission within one year of the date of the last payment of compensation, or two years \nfrom  the  date  of  injury,  whichever  is  greater.  Furthermore, claimant  has  the  burden  of \nproving that she acted within the time allowed for filing a claim for additional compensation \nbenefits. Kent v. Single Source Transportation, Inc. 103 Ark. App. 151, 287 S.W. 3d 619 \n(2008). \n After reviewing the evidence in this case impartially and without giving the benefit \nof the doubt to either party, I find that claimant’s claim for compensation benefits was not \n\nBarnes – H001761 \n \n5 \n \ntimely filed and is therefore barred. \n As previously noted, claimant was seen by Dr. Coker on January 20, 2020, and he \nordered an MRI scan of claimant’s right knee. This scan was performed on January 30, \n2020. Claimant testified that after she got the results of the MRI scan, she took a copy of \nthe results to Vickie Owens, the employee health services administrator for respondent. \nOwens is responsible for the nurses at respondent and oversees workers’ compensation \nclaims.  Owens  testified  that  when claimant  gave  her  a  copy  of  the  MRI results, she \ninformed Claimant that the claim was being denied. Subsequently, respondent’s TPA filed \na First Report of Injury form dated March 23, 2020, with an injury date of March 31, 2019. \nRespondent also filed Form AR-2 indicating that it was controverting the claim. \n Following receipt of these forms, a notice was sent by the Commission dated April \n7, 2020, stating: \nTHIS IS TO LET YOU KNOW THAT A CASE-FILE ON YOUR \nWORKERS’ COMPENSATION CLAIM HAS BEEN OPENED \nAT  THE  COMMISSION.  IF  QUESTIONS  OR  PROBLEMS \nARISE, PLEASE CALL (501) 682-3930 OR 1 (800) 250-2511 \nAND ASK TO SPEAK TO A LEGAL ADVISOR, UNLESS YOU \nARE REPRESENTED BY AN ATTORNEY. \n \n Thereafter, claimant  continued  to  receive  medical  treatment  and  eventually \nunderwent  surgery  on  her  right  knee  by  Dr.  Hamby  on  September  15,  2022.  Claimant \nwas terminated by Respondent in May 2024. She testified that after her termination she \nwas  going  through  her  paperwork  and  noticed  the  form  letter  sent  to  her  by  the \nCommission dated April 7, 2020. She then wrote a letter to the Commission describing \nher injury and, in that letter, stated: “I am seeking advice and help regarding this matter.” \nThis letter was interpreted as a request for benefits and resulted in the scheduling of a \n\nBarnes – H001761 \n \n6 \n \nprehearing  conference  and  ultimately  the  hearing  that  was  conducted  on  February  5, \n2025. \n Thus, claimant’s  claim  for  compensation  benefits  was  not  filed  with  the \nCommission until May 2024. Claimant acknowledged this at the hearing: \nQ But prior to seeing that note after your termination, you \nhad  not  filed  any  request  for  benefits  with  the  Workers’ \nCompensation Commission; correct? \n \nA I don’t remember, but I think that is correct. \n \nQ And you were not terminated until sometime in May of \n2024; is that correct? \n \nA Yes. May of 2024 is when I received the letter from the \nHR. \n \n Claimant’s filing of the claim for workers' compensation benefits in May 2024, was \nmore than two years after the date of injury in March 2019 and it was also more than one \nyear from the date of last payment of compensation (claimant’s visit with Rice on April 4, \n2019). Therefore, her claim for compensation benefits was not filed within the statutory \ntime period as required by A.C.A. §11-9-702(b)(1). Accordingly, I find that claimant’s claim \nfor compensation benefits is barred by the statute of limitations. \n \nORDER \n Claimant’s claim for compensation benefits is barred by the statute of limitations. \nShe did not file a claim for compensation benefits until May 2024, more than year from \nthe date of last payment of compensation and more than two years from the date of her \nalleged  injury.  Therefore,  her  claim  for  compensation  benefits  is  hereby  denied  and \ndismissed.  \n\nBarnes – H001761 \n \n7 \n \nRespondents are liable for payment of the court reporter’s charges for preparation \nof the hearing transcript in the amount of $320. \n IT IS SO ORDERED. \n \n      ___________________________________ \n       GREGORY K. STEWART \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H001761 MONICA BARNES, Employee CLAIMANT MCKEE FOODS CORPORATION, Employer RESPONDENT CANNON COCHRAN MANAGEMENT SERVICES, Carrier RESPONDENT OPINION FILED FEBRUARY 25, 2025 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington...","fetched_at":"2026-05-19T22:43:50.382Z","links":{"html":"/opinions/alj-H001761-2025-02-25","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BARNES_MONICA_H001761_20250225.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}