{"id":"alj-H007008-2023-05-25","awcc_number":"H007008","decision_date":"2023-05-25","opinion_type":"alj","claimant_name":"Magan Osburn","employer_name":"City Of Fayetteville","title":"OSBURN VS. CITY OF FAYETTEVILLE AWCC# H007008 MAY 25, 2023","outcome":"granted","outcome_keywords":["granted:5"],"injury_keywords":["neck","shoulder","back","cervical","lumbar","hip","concussion","thoracic"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/OSBURN_MAGAN_H007008_20230525.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"OSBURN_MAGAN_H007008_20230525.pdf","text_length":28288,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H007008 \n \nMAGAN OSBURN, Employee CLAIMANT \n \nCITY OF FAYETTEVILLE, Employer RESPONDENT \n \nMUNICIPAL LEAGUE, Carrier RESPONDENT \n \n \n \n OPINION FILED MAY 25, 2023 \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in   Springdale, \nWashington County, Arkansas. \n \nClaimant represented by EVELYN E. BROOKS, Attorney at Law, Fayetteville, Arkansas. \n \nRespondents  represented  by  MARY  K.  EDWARDS,  Attorney  at  Law,  North  Little  Rock, \nArkansas. \n \n STATEMENT OF THE CASE \n \n On  February  28,  2023,  the  above  captioned  claim  came  on  for  a  hearing  at  Springdale, \nArkansas.      A  pre-hearing  conference  was  conducted  on  January  9,  2023,  and  a  Pre-hearing \nOrder  was  filed  on  January  10,  2023.      A  copy  of  the  Pre-hearing  Order  has  been  marked \nCommission's Exhibit No. 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 this claim. \n 2. The relationship of employee-employer-carrier existed between the parties on June 11, \n2020. \n 3. The claimant sustained a compensable injury to her head, neck, and right shoulder on \nJune 11, 2020. \n 4. All prior opinions are final and res judicata. \n\n \n-2- \n By agreement of the parties the issues to litigate are limited to the following: \n 1. Whether Claimant sustained a compensable injury to her lower back on June 11, 2020. \n 2. Whether Claimant is entitled to medical treatment for her lower back as recommended \nby Dr. James Blankenship. \n Claimant’s contentions are: \n“Claimant  contends  she  is  entitled  to  treatment  for  her  back, \ndepression  and  anxiety  as  recommended  by   Dr.  Blankenship. \nClaimant reserves all other issues.” \n \n Respondents’ contentions are: \n  \n“Respondents  contend  that  they  accepted  claimant’s  head,  neck, \nand   right   shoulder   and   have   paid   related   medical   treatment. \nClaimant   is   continuing   to   receive   medical   treatment   for   her \ncervical  injury,  and  respondents  are  paying  for  that  treatment.  Dr. \nBlankenship  has  recommended  medical  treatment  for  claimant’s \nback. The back was never accepted. Respondents contend claimant \ncannot  prove  by  a  preponderance  of  the  evidence  she  sustained  a \ncompensable  back  injury.  Further,  the  medical  evidence  is  not \nsupported by objective findings of an injury to her back. Please see \nattached   Exhibit “A”.   In   addition,   respondents   contend   that \nclaimant cannot prove by a preponderance of the evidence that she \nhas sustained a mental injury.” \n  \n The  claimant  in  this  matter  is  a  35-year-old  female  who  worked  for  the  respondents  in \ntheir waste department.  On June  11, 2020, the claimant was on the back  of a waste truck when \nshe  fell  off  and  hit  the  ground.  The  claimant  sustained  compensable  injuries  to  her  head,  neck, \nand right shoulder at that time. The claimant has now asked the Commission to consider whether \nshe sustained a compensable lumbar spine injury in that same June 11, 2020, incident. Following \nis a portion of the claimant’s direct examination testimony about her June 11, 2020, incident. \n  Q And what happened to you when  you were working \n  for the City of June 11\nth\n of 2020. \n \n  A I was on the back of a yard waste truck and I was \n\n \n-3- \n  slung off the side of it and hit the ground. \n \n  Q And when you hit the ground, how did you land? \n \n  A I landed on my right side, hit my head and my shoulder \n  and my hip and all down m leg. \n \n  Q Okay.  And after this injury occurred, did you have  \n  bruising anywhere? \n \n  A Yes.  I had bruising on my shoulder and my hip. \n \n  Q On the right-hand side? \n \n  A Yes, ma’am. \n \n \n The  claimant  was  seen  the  day  of  her  June  11,  2020,  incident  at  Arkansas  Occupational \nHealth Clinic by Daniel Nicholas, PA-C. Following is a portion of that medical record. \nCHIEF COMPLAINT \nFall injury. \n \nPATIENT DESCRIPTION OF ACCIDENT \nPatient  states  she  was  slung  off  the  back  of  the  yard  waste  truck \nonto the pavement. She states she is having pain in her neck, right \nshoulder and right hip. She also complains of headache and thrown \nup 4 times. \n \n*** \nDIAGNOSIS \n1.   Contusion   of   unspecified   part   of   head,   initial   encounter \n(500.93XA). \n \n*** \nMEDICAL CAUSATION \nThe cause of this problem appears to be related to work activities. \n \n The claimant was again seen two days later by PA-C Nicholas. Following is a portion of \nthat medical report. \nCHIEF COMPLAINT \nFall injury. \n\n \n-4- \n \nPATIENT DESCRIPTION OF ACCIDENT \nPatient  states  she  was  slung  off  back  of  the  yard  waste  truck  onto \nthe pavement. She states is having pain in her neck, right shoulder \nand  right  hip.  She  also  complains  of  headache  and  thrown  up  4 \ntimes. \n \n*** \nHISTORY OF PRESENT ILLNESS \nMagan’s  primary  problem  is  pain  located  in  the  right  shoulder, \nneck. She describes it as numbness, burning. She considers it to be \nminimal/moderate.  The  problem  began  on  6/11/2020.  Magan  says \nthat  it  seems  to  be  constant,  variable –  depending  on  the  activity \nlevel.  She  has  noticed  that  it  is  made  worse  by  looking  down, \nlooking  up,  lifting,  pulling.  It  is  improved  with  rest.  Magan’s \nsecondary problem is pain located in the right hip. She describes it \nas  sore.  She  considers  it  to  be  minimal.  The  problem  began  on \n6/11/2020. She has noticed that it is made worse by pressure.  It is \nimproved with no pressure. She feels it is improving. \n \n On  November  9,  2020,  the  claimant  was  seen  at  the  Neurosurgery  Spine  Center  by  Dr. \nJames Blankenship. Following is a portion of that medical record. \nHPI: \nThe  patient  has  neck  pain,  mid  scapular,  and  mid  back  pain.  She \nhas  intermittent  pain  in  the  right  upper  extremity.  She  denies  any \nbalance  problems.  She  does  have  decreased  strength  in  the  right \narm.  She  has  had  no  steroid  medications.  She  did  12  visits  to \nphysical  therapy.  She  was  injured  on  6/11/2020  when  she  was \nthrown  off  a  yard  waste  truck  and  hit  her  head  on  the  right  side. \nShe had a concussion.  MRI of her brain was normal. She also has \nan  MRI  of  her  cervical  spine  and  thoracic  spine.  Both  were  read \nout as negative and  I have reviewed them and  agree that there are \nno  disc  protrusions  although  there  is  a  loss  of  normal  cervical \nlordosis  so  it  is  not  negative.  She  has  continued  to  work  at  light \nduty  throughout  her  treatment.  At  present  she  only  takes  Flexeril \non an as-needed basis. \n \n*** \nImpression: \nHer  general  neurologic  examination  is  unremarkable.  She  has \nsignificant  mechanical  neck  pain  worst  in  extension.  I  think  that \nher   facets   are   likely   the   primary   etiology   with   significant \nmyofascial pain. \n\n \n-5- \n \n*** \nRecommendations: \nREFER TO: \nCannon, David (479-582-2800) \nI  have  recommended  we  start  her  on  Celebrex  and  Lyrica.  I  am \nfine  with  her  working  with  restrictions  but  it  sounds  like  she  is \ndoing her regular job and not under restrictions so we have written \nout   some   specific   restrictions   for   her   today.   I   have   also \nrecommended  that  she  get  started  working  with  Steve  in  physical \ntherapy and he has examined her today. I have also recommended \nthat we get her to see Dr. David Cannon for consideration of facet \ninjections  in  her  neck.  I  cannot  really  guide  him  as  far  as  what \nfacets based on MRI or x-rays. I will leave it to his wisdom under \nfluoroscopic examination the best idea of where to inject her. I am \ngoing  to  see  her  back  in  eight  weeks  since  she  will  continue  to \nwork. I do not think there is any urgency in seeing her any sooner. \nWe  need  to  give  this  some  time  and  try  to  get  better  with  an \naggressive  active  conservative  treatment  plan.  She  is  having  a \nsignificant amount of right hip pain but she landed on her right hip \nand  I  think  this  may  very  well  be  local  trauma  but  if  it  is  not \ngetting better we may need to get an MRI of her lumbar spine but \nwe are going to hold on that for a little bit. \n \n The  respondent  in  this  matter  denied  treatment  for  some  of  the  claimant’s  other \ncompensable  injuries  arising  out  of  her  June  11,  2020,  incident.  As  such,  those  matters  entered \ninto  litigation  and  it  was  not  until  February  2022  that  the  claimant  was  again  seen  by  Dr. \nBlankenship. Following is a portion of the claimant’s visit note from her February 17, 2022, visit \nwith Dr. Blankenship. \nHPI: \nThe patient is in today for follow up after a new MRI. We saw the \npatient   last   in   November   of   2020.   At   that   time   we   made \nrecommendations  for  physical  therapy,  medications,  and  a  new \nMRI  but  unfortunately  her  workmen’s  compensation  carrier  did \nnot  approve  that.  She  is  still  having  neck  pain  that  radiates  to  the \nbilateral   shoulders   and   mid   scapula.   She   has   bilateral   upper \nextremity numbness. She describes electrical shock-like pains that \ngo  down  both  arms  and  around  in  her  chest  area.  She  denies  any \nbalance  problems  but  does  continue  to  have  occipital  headaches. \nThe patient is also having low back pain that has been continuous. \n\n \n-6- \nShe states that it is sharp and is electrical and a shocking-type pain. \nShe  is  still  working  at  the  city.  She  has  not  had  any  injections  or \nphysical  therapy.  She  was  not  able  to  start  the  medications.  She \nrates her pain about 60 to 70% toward the worse pain imaginable. \n \n*** \nImpression: \nMs. Osburn returns to the office. I have not seen Ms. Osburn since \nNovember   of   2020.   At   that   time   we   recommended   an   ESI, \nmedication, and physical therapy. Unbeknownst to us, this was all \ndenied  almost  immediately  and  she  has  been  fighting  with  them \never  since.  The  patient  has  neck  pain,  mid  scapular,  and  bilateral \nupper extremity numbness. She has electrical shock-like pain down \nboth  arms.  I  have  reviewed  her  MRI  in  its  entirety  that  shows  a \ngross annual fissure at C5-C6 with a small lateral disc protrusion at \nC4-C5. \n \nRecommendations: \nI  have  recommended  basically  that  we  treat  her  the  same  way  I \nsaid  we  should  treat  her  a  year  and  a  half  ago.  Her  delay  in \ntreatment possibly could lead to  chronic pain syndrome and  I will \nbe more than happy to address that with anyone that wants to know \nthat her delay in care has created this. I still think that since she is a \ngo-getter, we have a chance to make this better. \n \nI  have  recommended  that  we  get  her  in  to  see  Dr.  David  Cannon \nfor a CESI. I recommended that we get her started on Celebrex and \nLyrica at 50 mg b.i.d. We will get her started working with Steve’s \nfolks  with  an  aggressive  active  physical  therapy  program.  I  will \nplan on seeing her back eight weeks after this program is approved \nand  started.  I  will  now  answer  the  questions  that  were  forwarded \nby Ms. Dixon who is her case manager I have assumed. \n \n*** \n5.  As  far  as  recommendations  for  work  restrictions,  Dr.  Cannon \nhas  already  placed  work  restrictions  on  her  and  I  agree  with  them \ncompletely.  You  can  see  his  note.  Also  I  have  recommended  a \nlumbar  MRI  that  has  not  been  done.  Again,  her  chronic  lumbar \npain  has  been  unaddressed  and  I  do  think  it  is  directly  work-\nrelated. \n \n The claimant was again seen by Dr. Blankenship on June 23, 2022. Following is a portion \nof that visit note. \n\n \n-7- \nHPI \nThe  patient  is  in  today  for  followup.  She  has  been  doing  her \nphysical  therapy  with  Steve.  She  did  get  a  cervical  epidural \ninjection  that  did  afford  her  some  relief.  She  is  still  having  some \nneck  pain  and  bilateral  upper  extremity  paresthesias.  Her  greatest \npain  complaint  is  low  back  pain  that  radiates  to  the  bilateral  hips \nand  bilateral  buttocks.  She  rates  her  pain  about  60  to  70%  toward \nthe  worst  pain  imaginable.  Her  workers’  compensation  carrier \nwould not allow her to get a lumbar MRI. \n \n*** \nImpression \nFirst of all I have requested a lumbar MRI because I do think that \nher back pain is related to her work-related injury but her worker’s \ncomp  carrier  has  denied  this.  Her  neck  pain  is  better  and  she  is \nimproving.  She  is  a  year  out  from  her  injury  and  she  does  have \nannual  fissuring  at  C5-C6  and  at  C4-C5.  I  do  think  that  with  her \nneck   improving,   I   would   not   at   present   offer   her   surgical \nintervention.  I  still  feel  like  she  needs  to  have  her  lumbar  spine \nworked  up.  She  has  been  doing  her  therapy  with  Trinity  and  I \nwould like for her to continue to do that. She got one injection by \nDr. Cannon that helped. \n \nRecommendations \nREFER TO \nCannon, David (479-582-2800) \nI  would  like  her  to  see  Dr.  Cannon  again  to  see  if  he  would \nrecommend  another  injection  but  I  am  going  to  see  her  back  in \neight  weeks.  If  we  can  get  a  lumbar  MRI  approved  of  her  lumbar \nspine, I will see her back sooner and we will go over this with her. \nI have also prescribed Lyrica and Celebrex and her worker’s comp \ncarrier will not authorize this. This was prescribed for her neck. If \nthey do not authorize her MRI or medications, then I am not going \nto be able to treat her because they have basically hamstrung me in \nnot allowing me to treat her as I see fit. \n \n The   claimant   eventually   underwent   a   lumbar   spine   MRI   recommended   by   Dr. \nBlankenship at her own expense. Following is a portion of that diagnostic report. \nIMPRESSION: \n1. L5-S1 foraminal narrowing on the right with extreme lateral disc \nprotrusion and midline disc protrusion slightly eccentric off to the \nleft. Severe facet arthropathy is noted at this level. \n\n \n-8- \n2.  L4-L5  moderate  bilateral  lateral  recess  lateral  recess  stenosis \nsecondary to facet arthropathy and ligamentous hypertrophy. \n3. Multilevel facet arthropathy as described in the narrative. \n \n On November 28, 2022, the claimant saw Dr. Blankenship. Following is a portion of that \nvisit note. \nHPI: \nThe  patient  is  in  today  for  followup.  She  states  that  she  is  still \nhaving  significant  neck  pain  that  radiates  to  the  bilateral  upper \nextremities.  She  has  pain  and  numbness  in  both  arms,  right  worse \nthan   left.   She   has   decreased   strength   in   the   bilateral   upper \nextremities.  She  has  been  doing  her  physical  therapy  with  Steve. \nShe  says  this  does  not  afford  her  any  significant  relief.  She  tried \nmeloxicam with no relief. She was never able to ger her Lyrica or \ngabapentin filled because her workmen’s compensation carrier did \nnot  cover  this.  She  is  also  having  some  significant  low  back  pain \nthat  radiates  to  the  bilateral  hips,  bilateral  buttocks,  and  bilateral \nmedial  leg  numbness.  She  denies  any  weakness  in  the  lower \nextremities.  Prolonged  sitting,  standing,  walking,  and  bending  all \nsignificantly  aggravate  her  pain.  She  does  have  new  MRI’s  for \nreview today. She had a CESI with Dr. Cannon that only afforded \nher very temporary relief. \n \n*** \nImpression: \nMs.  Osburn  is  back  in  the  office  today  for  followup.  We  saw  her \nlast  in  June  of  this  year.  She  is  currently  on  meloxicam  even \nthough  I  recommended  Celebrex  and  they  would  not  approve  her \nLyrica  or  even  gabapentin  which  is  amazing  because  it  is  dirt \ncheap.  I  told  her  we  need  to  again  try  to  get  her  on  those \nmedications,  preferably  Lyrica  at  75  mg  twice  a  day.  Her  lower \nback  is  bothering  her  about  as  bad  as  her  neck  and  all  of  this \nstarted  with  her  on-the-job  injury  although  her  worker’s  comp \ncarrier is not covering her lower back. \n \n*** \nRecommendations: \nREFER TO: \nCannon, David (479-582-2800) \nI have recommended concerning her lower back that we get her in \nto  see  Dr.  Cannon  for  an  LESI  even  though  she  did  not  get  any \nrelief with her CESI. I have recommended that we have Steve start \nworking on her lower back and then follow back up with me in six \n\n \n-9- \nweeks.  Concerning  her  lower  back,  I  have  recommended  that  we \nget her back in to see Dr. Cannon. Her CESI was done almost three \nmonths ago and I have recommended that she get another CESI.  I \nhave  also  recommended  that  we  start  her  on  Lyrica.  We  had \nrecommended  that  at  her  last  visit.  That  and  gabapentin  were \ndenied which again is somewhat mind-boggling. \n \nAgain,  it  is  my  opinion  based  on  a  reasonable  degree  of  medical \ncertainty that the patient’s lower back problem along with her neck \nwas  created  by  her  on-the-job  injury.  She  had  a  significant  injury \nand what I am seeing on her MRI and her plain radiographs would \nbe consistent with an injury of this degree. \n \n At  the  request  of  the  respondent,  Dr.  Theodore  Hronas  reviewed  the  following  medical \nrecords regarding the claimant and authored a letter regarding them on December 18, 2022.  \n  At your request, the following films and reports were reviewed: \n  MRI of the cervical spine, 08/07/2020.  NW Imaging Center \n  Fayetteville \n  MRI of the thoracic spine, 08/07/2020.  NW Imaging Center \n  Fayetteville \n  Clinic note, 08/27/2020.  Michael Calhoun, MD \n  MRI of the cervical spine, 02/09/2022.  Physicians Specialty \n  Hospital \n  MRI of the lumbar spine, 10/21/2022.  Mana MRI. \n  MRI of the cervical spine, 11/16/2022.  Mana MRI. \n \n \nI  note  that  while  Dr.  Hronas  reviewed  several  diagnostic  tests  and  a  singular  report  from  Dr. \nCalhoun, he did not review any reports from Dr. Blankenship including those that considered the \nclaimant’s right hip and lumbar spine. Following is a portion of Dr. Hronas’ letter of December \n18, 2022, that discusses the claimant’s lumbar spine. \nThe  MRI  exam  of  the  lumbar  spine,  10/21/2022,  was \nperformed   approximately   two   years   after   the   date   of \ninjury.    The  MRI  exam  of  the  lumbar  spine  shows  a \nnormal  vertebral  body  alignment  with  no  evidence  of \nfracture or subluxation.   The T12/L1, L1/2, and  L2/3 disc \nlevels  are  normal.    At  L3/4,  the  disc  space  is  preserved.  \nThere  is  mild  bilateral  facet  arthropathy  at  L3/4  with  no \ncentral  canal  stenosis  or  foraminal  narrowing.    At  L4/5, \n\n \n-10- \nthere is mild diffuse disc bulging and presence of a central \nannular  fissure.    There  is  bilateral  mild  facet  arthropathy.  \nThis  level  demonstrates  mild  central  and  lateral  recess \nstenosis   and   bilateral   mild   foraminal   narrowing.      At \nL5/S1,  there  is  disc  height  loss  and  disc  desiccation, \nposterior  osseous  ridging  more  prevalent  on  the  right \nextending to the far  extraforaminal location,  and  presence \nof  a  small  central  disc  protrusion  effacing  the  anterior \nepidural  space.    There  is  mild  bilateral  facet  arthropathy.  \nThese changes are resulting in mild central canal stenosis,  \nmild  left  and  moderate  right  foraminal  narrowing.    The \npresence of posterior osseous ridging at the L5/S1 level is \nconsistent with chronic degenerative change. \n \nIn summary, additional imaging studies of the cervical and \nlumbar  spine  demonstrate  chronic  degenerative  changes \nwith  no  objective  findings  of  an  acute  injury  as  the  result \nof the work injury that occurred on 06/11/2020. \n \n The  claimant  has  asked  the  Commission  to  determine  if  she  suffered  a  compensable \ninjury to her lumbar spine on June 11, 2020, in the same incident that she suffered compensable \ninjuries  to  her  head,  neck,  and  right  shoulder.  It  is  the  claimant’s  burden  to  prove  her  lumbar \nspine  injury  compensable.  The  report  from  the  claimant’s  lumbar  spine  MRI  performed  on \nOctober 21, 2022, in part states “L5-S1 femoral narrowing on the right with extreme lateral disc \nprotrusion  and  midline  disc  protrusion  slightly  eccentric  off  to  the  left.”  Through  that  MRI  the \nclaimant is able to show the existence of objective medical findings regarding her lumbar spine. I \ndo  note  that  while  Dr.  Blankenship’s  report  reports  an  L5-S1 “femoral  narrowing  on  the  right \nwith  extreme  lateral  disc  protrusion  and  midline  disc  protrusion,”  Dr.  Hronas  in  his  December \n18, 2022, letter discusses the claimant’s L5-S1 level and states “presence of a small central disc \nprotrusion  effacing  the  anterior  epidural  space.”  Dr.  Hronas  does  not  note  any  additional \nprotrusion  at  L5-S1.  Here,  I  give  Dr.  Blankenship  more  weight  as  he  has  examined  and  treated \nthe claimant and it appears Dr. Hronas was not provided or did not review medical records from \n\n \n-11- \nthe claimant’s treatment with Dr. Blankenship and only reviewed  Dr. Calhoun’s singular report \nand imaging films from the claimant’s diagnostic testing. \n It was the claimant’s credible testimony that she had no prior issues with her low back or \nright  hip  prior  to  her  June  11,  2020,  incident.  The  respondent  does  make  a  point  in  cross \nexamination testimony from the claimant that documents she signed regarding the June 11, 2020, \nincident and found on pages 1-3 of Respondent’s Exhibit 2 do not mention her right hip or low \nback  or  lumbar  spine.  However,  the  claimant’s  initial  medical  records,  including  her  visit  to \nArkansas  Occupational  Health  Clinic  on  the  day  of  the  incident,  do  mention  her  right  hip \ncomplaints.  The  claimant’s  November  9,  2020,  visit  considers  her  right  hip  pain  along  with \nlumbar  spine  implications  as  follows: “She  is  having  a  significant  amount  of  right  hip  pain  but \nshe landed on her right hip and I think this may very well be local trauma but if it is not getting \nbetter we may need to get an MRI of her lumbar spine but we are going to hold off on that for a \nlittle  bit.”  It  seems  clear  that  Dr.  Blankenship  believes  her  right  hip  pain  may  be  a  result  of  a \nlumbar  spine  injury  from  her  work  incident  but  wants  the  claimant  to  have  more  time  before  a \nlumbar MRI for her symptoms to ease in the event that they are a result of “local trauma.” \n Many  months  later  at  the  claimant’s  February  17,  2022,  visit  with  Dr.  Blankenship,  the \nclaimant still has complaints regarding her right hip and Dr. Blankenship recommends an MRI of \nthe  lumbar  spine.  The  claimant  gave  testimony  about  her  symptoms  around  the  time  of  her \nFebruary 17, 2022, visit with Dr. Blankenship as follows. \n  Q Now, when you got back to Dr. Blankenship for the second \n  time after that long delay, what were your symptoms like at that \n  point? \n \n  A They were the same that I had talked about from the very \n  beginning.  My shoulder was still hurting.  My neck was still \n  hurting.  Above - - sorry.  I know I can’t point.  Above my - - \n\n \n-12- \n  like right at the top of my right butt cheek into like the hip \n  area is where it was hurting and it’s continued to be the same \n  from the very beginning. \n \n  Q And so when you got to see him again, what recommend- \n  dations did he make? \n \n  A That is when he started pushing for the MRI on my lower \n  back because he wasn’t convinced that it was just a hip issue and \n  he wanted the MRI done on my lower back and it kept being \n  denied. \n \n  Q And did he prescribe anything else that was denied? \n \n  A He had prescribed a couple of different medications and \n  they were all denied at that point. \n \n  Q Okay.  Now, can you describe the kind of pain that you \n  are having in your right hip and your low back? \n \n  A It is like a burning poke, needling if you will, I guess, \n  sensation that is always there in like the top portion of my  \n  butt I guess you would say, lower back, right at the top of \n  my  butt cheek and radiates across my back toward the left \n  hip.  And it will go down my leg sometimes.  It varies on \n  what it does, but there is constant radiation that goes across \n  my back from my right hip. \n \n  Q Okay.  And which leg does the pain go down? \n \n  A My right leg. \n \n  Q Now, those symptoms that you have described, have \n  they increased since through when you first had this accident \n  or have they remained the same? \n \n  A They have been the same, but it feels like it is going \n  further over to my left hip than it originally was. \n \n  Q And originally did you have pain into your right leg? \n \n  A No.  That is just slowing happening over time. \n   \n     \n   \n\n \n-13- \nThe  claimant  is  able  to  prove  the  existence  of  objective  medical  findings  regarding  her \nlumbar  spine,  but  she  must  also  prove  a  causal  connection  between  those  objective  medical \nfindings  and  the  June  11,  2020,  incident.  I  believe  the  claimant  has  met  her  burden  of  proof. \nWhile  the  documents  she  signed  after  the  injury  do  not  reflect  a  right  hip  or  lumbar  injury,  the \ninitial medical records do reflect right hip pain. It is that same right hip pain that Dr. Blankenship \nlater suspects to be related to her lumbar spine which shows a clear derangement in the MRI of \nher lumbar spine. \n The  claimant  is  able  to  prove  by  a  preponderance  of  the  evidence  that  she  sustained  a \ncompensable  lumbar  spine  injury  on  June  11,  2020.  In  review  of  Dr.  Blankenship’s  November \n28, 2020, visit note, the treatment he recommends for the claimant’s lumbar spine is reasonable \nand  necessary  medical  treatment  for  her  compensable  lumbar  spine  injury,  including  treatment \nwith Dr. Cannon and prescription medications.  \n From a review of the record as a whole, to include medical reports, documents, and other \nmatters properly before the Commission, and having had an opportunity to hear the testimony of \nthe witness and to observe  her demeanor, the following findings of fact  and conclusions of law \nare made in accordance with A.C.A. §11-9-704: \n FINDINGS OF FACT & CONCLUSIONS OF LAW \n 1.  The  stipulations  agreed  to  by  the  parties  at  the  pre-hearing  conference  conducted  on \nJanuary  9,  2023,  and  contained  in  a  Pre-hearing  Order  filed  January  10,  2023,  are  hereby \naccepted as fact. \n 2.  The  claimant  has  proven  by  a  preponderance  of  the  evidence  that  she  sustained  a \ncompensable injury to her low back on June 11, 2020. \n\n \n-14- \n 3. The claimant has proven by a preponderance of the evidence that she is entitled to the \nmedical treatment recommended for her lower back by Dr. James Blankenship as it is reasonable \nand necessary medical treatment for her compensable lumbar spine injury. \n ORDER \nThe  respondents  shall  be  responsible  for  payment  of  the  reasonable  and  necessary \nmedical  treatment  recommended  by  Dr.  James  Blankenship  for  the  claimant’s  compensable \nlumbar spine injury. \nPursuant  to  A.C.A.  §11-9-715(a)(1)(B)(ii),  attorney  fees  are  awarded  “only  on  the \namount of compensation for indemnity benefits controverted and awarded.”   Here, no indemnity \nbenefits were controverted and awarded; therefore, no attorney fee has been awarded.   Instead, \nclaimant’s attorney is free to voluntarily contract with the medical providers pursuant to A.C.A. \n§11-9-715(a)(4). \nIf  they  have  not  already  done  so,  the  respondents  are  directed  to  pay  the  court  reporter, \nVeronica Lane, fees and expenses within thirty (30) days of receipt of the invoice. \n \n IT IS SO ORDERED. \n \n \n \n                                ____________________________                                              \n       HONORABLE ERIC PAUL WELLS \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H007008 MAGAN OSBURN, Employee CLAIMANT CITY OF FAYETTEVILLE, Employer RESPONDENT MUNICIPAL LEAGUE, Carrier RESPONDENT OPINION FILED MAY 25, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas. Claimant repr...","fetched_at":"2026-05-19T23:08:01.796Z","links":{"html":"/opinions/alj-H007008-2023-05-25","pdf":"https://labor.arkansas.gov/wp-content/uploads/OSBURN_MAGAN_H007008_20230525.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}