{"id":"alj-H201703-2023-07-05","awcc_number":"H201703","decision_date":"2023-07-05","opinion_type":"alj","claimant_name":"Barenica Bright","employer_name":"Viskase Companies, Inc","title":"BRIGHT VS. VISKASE COMPANIES, INC. AWCC# H201703 JULY 5, 2023","outcome":"granted","outcome_keywords":["dismissed:1","granted:2","denied:1"],"injury_keywords":["cervical","shoulder","carpal tunnel","wrist"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BRIGHT_BARENICA_H201703_20230705.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BRIGHT_BARENICA_H201703_20230705.pdf","text_length":7194,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nWCC NO. H201703 \n \nBARENICA BRIGHT, EMPLOYEE CLAIMANT \n \nVISKASE COMPANIES, INC., EMPLOYER RESPONDENT \n \nTRUMBULL INS. CO., CARRIER RESPONDENT \n \nTHE HARTFORD, TPA                                                                             RESPONDENT \n \nOPINION FILED JULY 5, 2023 \n \nHearing before Administrative Law Judge Steven Porch on June 9, 2023, in Jonesboro, \nArkansas. \n \nClaimant represented by Mr. Bill E. Bracey, Jr., Attorney at Law, Blytheville, Arkansas. \n \nRespondents  represented  by  Mr.  A.  Gene  Williams,  Attorney  at  Law,  Little  Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held on this claim on June 9, 2023.  Claimant was represented by \nMr.  Bill  E.  Bracey,  Jr.,  Attorney  at  Law  of  Blytheville,  Arkansas;  Respondents  were \nrepresented by Mr. A. Gene Williams, Attorney at Law of Little Rock, Arkansas. \nSTIPULATIONS \n By agreement of the parties, the stipulations applicable to this claim are as follows: \n1. The Arkansas Workers’ Compensation Commission has jurisdiction \nof the within claim. \n \n2. An  employer/employee  relationship  existed  on  February  21,  2020, \nwhen  Claimant  alleges  she  sustained  a  compensable  injury  to  her \nleft pointer finger and left middle finger. \n \n3. Respondents  have  accepted  this  as  a  medical  only  claim  and \nprovided medical care until May 12, 2020. \n \n 4.  The  parties  will  stipulate  to  Claimant’s  average  weekly  wage  and \ncompensation rates on or before the hearing date. \n \n\nBRIGHT H201703 \n \n2 \n \nISSUES \n By  agreement  of  the  parties,  the  issues  to  be  presented  at  the  hearing  are  as \nfollows: \n1.  Whether Claimant sustained a compensable injury to her left pointer finger and \nmiddle finger. \n \n2.  Whether  Claimant  is  entitled  to  any  additional  reasonable  and  necessary \nmedical treatment after May 12, 2020. \n \n3.  Whether  Claimant  is  entitled  to  temporary  total  disability,  temporary  partial \ndisability, and permanent partial disability benefits (dates yet to be determined).  \n \n4.  Whether  the  statute  of  limitations  has  run  on  Claimant  seeking  additional \nbenefits. \n \n5. Whether Respondent had proper notice of Claimant’s injuries. \n \n6.  Attorney’s fee.  \n \nAll other issues are reserved. \n \nCONTENTIONS \n \nClaimant’s  and  Respondents’  contentions  are  set  out  in  their  responses  to  the \nPrehearing Questionnaire.  Said contentions are hereby incorporated by reference.  \nFINDINGS OF FACT AND CONCLUSIONS OF LAW \n After reviewing the record as a whole, including medical reports, documents, and \nother matters properly before the Commission, and having had an opportunity to hear the \ntestimony of the  Claimant, the sole  witness in this claim, and observe her demeanor, I \nhereby make the following findings of fact and conclusions of law in accordance with Ark. \nCode Ann. § 11-9-704 (Repl. 2012): \n1.  The  Arkansas  Workers’  Compensation  Commission  has  jurisdiction  over  this \nclaim. \n\nBRIGHT H201703 \n \n3 \n \n2.  The stipulations set forth above are reasonable and are hereby accepted.  \n3.  The  Claimant  is  not  entitled  to  additional  medical  treatment  for  her  cervical \nspine, left shoulder, arm, and hand. \n4.  Because the parties have not stipulated that Claimant sustained a compensable \ninjury to her cervical spine, left shoulder, arm and hand or made such alleged \ninjuries an issue in this claim, the Commission cannot address the remaining \nissues in this claim. Instead, these issues will be considered reserved. \nCASE IN CHIEF \nSummary of Evidence \n The  sole  witness  at  the  hearing  was  the  Claimant.  In addition  to the  prehearing \norder  discussed  above,  also  admitted  into evidence  was Claimant’s  and  Respondent’s \nexhibits that were properly admitted before the Commission. Claimant suffered an injury, \nduring the course and scope of her employment with Viskase Inc., when her left pointer \nand middle fingers got caught in the spring and clutch of an extrusion machine. The injury \nresulted in a cut to the former and a twist to her latter.  This injury occurred on February \n21, 2020. Claimant immediately went to the hospital after her injury and received a tetanus \nshot and was released to returned to work the same day. The extrusion machine did not \njerk her body, in any way, when her fingers were caught or immediately removed from \nthe spring and clutch of the machine. The only effect of the incident was on the Claimant’s \nfingers. Respondents’ accepted Claimant’s injury to her left pointer and middle fingers as \na medical-only claim. As the parties have stipulated, and I have accepted, these injuries \nwere compensable.  \n \n\nBRIGHT H201703 \n \n4 \n \nAdjudication \nA.  Whether Claimant sustained a compensable injury to her left pointer finger and \nmiddle finger. \n Claimant has alleged that she suffered compensable injuries by specific incident \nto  the  above-cited  body  parts  on  February  21,  2020,  while  working  on  an extrusion \nmachine. Since the parties have stipulated to this, there is no issue for me to address.   \nB.  Whether  Claimant  is  entitled  to  any  additional  reasonable  and  necessary \nmedical treatment after May 12, 2020? \n The  Claimant  is  asking  the  Commission  for  reasonable  and  necessary  medical \ntreatment  for  alleged  injuries  to  her  cervical  spine,  left  shoulder,  arm,  and  hand.  The \nClaimant underwent a nerve conduction study, cubital and carpal tunnel surgical releases \ninvolving her elbow and wrist. For me to be able to address this issue, the parties must \neither 1.) have stipulated to the compensability of the alleged injuries or 2.) raised it as an \nissue regarding such. They have done neither. Therefore, I am not able to address this \nissue. Administrative Law Judges cannot legally raise issues sua sponte. See Carthan v. \nSchool Apparel, Inc. 2006 AWCC 182, Claim No. F410921 (Full Commission Opinion filed \nNovember  28,  2006)  (improper  for  administrative  law  judge  to  address  issues sua \nsponte);  Singleton  v.  City  of  Pine  Bluff,  2006  AWCC  34,  Claim  No.  F302256  (Full \nCommission  Opinion  filed  February  23,  2006), rev’d on other grounds,  No.  CA06-398 \n(Dec. 6, 2006) (unpublished)(same). \nC.  Remaining Issues \nBecause of the foregoing, the remaining issues of whether Claimant is entitled to \ntemporary total disability, temporary partial disability, permanent partial disability benefits, \n\nBRIGHT H201703 \n \n5 \n \nwhether  and  when  did  Respondents  gave  notice  to  the  employer,  and whether  she  is \nentitled to a controverted attorney fee, are moot and will not be addressed. Respondents \nalso raised a statute of limitations argument. But considering the foregoing, this issue is \nalso moot and will not be addressed. \nCONCLUSION \n In  accordance  with  the  findings  of  fact  and  conclusions  of  law  set  forth  above, \nthese claims are hereby denied and dismissed. \n IT IS SO ORDERED. \n       ________________________________ \n       Hon. Steven Porch \n                                                                           Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION WCC NO. H201703 BARENICA BRIGHT, EMPLOYEE CLAIMANT VISKASE COMPANIES, INC., EMPLOYER RESPONDENT TRUMBULL INS. CO., CARRIER RESPONDENT THE HARTFORD, TPA RESPONDENT OPINION FILED JULY 5, 2023 Hearing before Administrative Law Judge Steven Porch on June 9, 2023, in Jone...","fetched_at":"2026-05-19T23:04:55.829Z","links":{"html":"/opinions/alj-H201703-2023-07-05","pdf":"https://labor.arkansas.gov/wp-content/uploads//BRIGHT_BARENICA_H201703_20230705.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}