{"id":"alj-H204854-2023-08-31","awcc_number":"H204854","decision_date":"2023-08-31","opinion_type":"alj","claimant_name":"Brandonl Petty","employer_name":"A M C Rehab","title":"PETTY VS. A M C REHAB AWCC# H204854 AUGUST 31, 2023","outcome":"denied","outcome_keywords":["dismissed:1","denied:3"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/PETTY_BRANDONL_H006565_20230831.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"PETTY_BRANDONL_H006565_20230831.pdf","text_length":11346,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n   \n CLAIM NO. H006565 \n \nBRANDON L. PETTY, Employee                                                                           CLAIMANT \n \nA M C REHAB, Employer                                                                                 RESPONDENT \n \nGUARD INSURANCE COMPANIES, Carrier                                                RESPONDENT \n \n \n OPINION FILED AUGUST 31, 2023 \n \nHearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF in Fort Smith, Sebastian \nCounty, Arkansas. \n \nClaimant represented by MATTHEW J. KETCHAM, Attorney, Fort Smith, Arkansas. \n \nRespondents represented by KAREN H. MCKINNEY, Attorney, Little Rock, Arkansas. \n \n \n STATEMENT OF THE CASE \n  \n On August 8, 2023, the above captioned claim came on for a hearing at Fort Smith, Arkansas.  \nA pre-hearing conference was conducted on May 18, 2023, and a pre-hearing order was filed on that \nsame date.  A copy of the pre-hearing order has been marked as Commission’s Exhibit #1 and made \na 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 respondents have controverted the claim in its entirety. \n At the pre-hearing conference the parties agreed to litigate the following issues: \n1. Whether the employee/employer/carrier relationship existed on May 18, 2020.  \n2. If relationship existed, whether claimant sustained a compensable injury on May 18, 2020. \n3. Compensation rate. \n4. If compensable, whether claimant is entitled to medical benefits, temporary total disability  \n\nPetty-H006565 \n2 \n \n \nbenefits, permanent partial disability benefits, wage loss benefits, and mileage benefits. \n 5. Attorney’s fees. \nAll other issues are reserved by the parties. \n The claimant contends that “He was injured on May 18, 2020, when operating a table saw, \nwithout a guard on it, and amputated his second and third digits, partial amputation of thumb and \nlaceration of fourth digit on left hand. On May 18, 2020, the claimant presented to Mercy Hospital \nemergency room with complaints of a hand injury with traumatic amputation to left index and middle \nfingers. However, due to the claimant’s injuries, he was transferred to UAMS in Little Rock via Mercy \nLifeline. The claimant attended UAMS in Little Rock for a traumatic amputation of multiple fingers. \nHe received complete amputations at the left index and middle fingers as well as lacerations to his left \nthumb,   ring,   and   pinky   finger.   The   claimant   was   scheduled   for   surgery   that   night   to \nreplant/revascularization of hand, pinning of fractured digit and repair nerve in finger. Claimant was \nreleased  on  May  20,  2020,  from  UAMS  with  no  follow  up  visits  scheduled.  On  May  22,  2020,  the \nclaimant attended an appointment with his primary care physician, Dr. Jeffrey Medlock, for continued \npain  in  his  left  hand.  On  June  15,  2020,  the  claimant  was  seen  and  treated  by  Dr.  Eric  Heim,  an \northopedic  surgeon,  for  continued  left  hand  pain.  Dr.  Heim  placed  an  order  for  hand  therapy  and \nscheduled a follow-up appointment for pin removal. The claimant returned to Dr. Heim’s office for \nthe  pin  removal  as  well  as  a  follow-up  where  he  was  advised  to  continue  the  hand  therapy  and  to \nreturn in four (4) weeks for a follow-up. The claimant reserves the right to amend and supplement his \ncontentions after additional discovery have been completed.” \nThe respondents contend that “There  is  no  employment  relationship  between  the  parties. \n\nPetty-H006565 \n3 \n \nRespondents specifically contend that AMC Rehab\n1\n was not in operation until June 2020, and did not \nhave  any  contracts  to  perform  construction  prior  to  June  2020.  As  such,  AMC  Rehab  was  not \nclaimant’s direct or indirect employer under A.C.A. §11-9-402.”    \n From a review of the entire record, including medical reports, documents, the depositions of \nclaimant and Alex Harris, the following findings of fact and conclusions of law are made in accordance \nwith 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 on May \n18, 2023, and contained in a pre-hearing order filed that same date are hereby accepted as fact. \n 2.    The stipulations agreed to by the parties at the hearing of this matter are hereby accepted \nas fact, except I do not find who employed claimant on the day of the injury, but rather which company \ndid not.  \n 3.    Claimant has failed to prove by a preponderance of the evidence that he was employed \nby AMC Rehab on the date of his injury.  \n \n FACTUAL BACKGROUND \n When this matter convened for a hearing, the parties advised that they did not believe there \nwere any factual issues to be resolved.  The  depositions of the claimant and Alex Harris, owner of \nAsset Management Construction LLC, d/b/a AMC Rehab were submitted, and will be discussed as \nif they had testified live at the hearing.   \n The stipulations were given orally by respondent’s counsel, and claimant’s counsel was given \n \n1\n The parties used “AMC Rehab” to refer to respondent Asset Management Construction d/b/a AMC Rehab.  Those \ntwo names refer to the same company and are used interchangeably in this opinion.   \n\nPetty-H006565 \n4 \n \n \nan  opportunity  to  object  to  that  recitation.    No  refutation  was  given,  but  an  additional  stipulation \noffered by claimant was agreed upon.  The stipulations were as follows:  \n 1.  In May 2020, claimant was hired to work for Bill Jones.  At the time, Mr. Jones was working \non a piece of property owned by a company called Arkstone that is on Chismville Road in Greenwood, \nArkansas.  Arkstone was in the business of buying houses and then selling them, a practice commonly \ncalled “flipping.” Arkstone is an entity owned at least in part by Alex Harris. \n 2.    Rod Colquitt was an independent contractor for Arkstone.  On May 13, 2020, Mr. Colquitt \nrequested that claimant send him information for a W-9 tax form.  \n 3.     On May 18, 2020, while working on the property on Chismville Road in Greenwood, \nArkansas, claimant sustained an injury to his left hand, severing more than half his thumb, and all his \nindex and middle finger, as well as causing damage to his ring finger.  \n 4.      Claimant was hospitalized for his injury, and after he left the hospital, he went to Bill \nJones’ home to retrieve his vehicle.  During that visit, Mr. Jones gave claimant $500.00, paying him \nfor five days of work, although claimant had only worked four days at the time of his accident.  \n 5.     Respondent Asset Management Construction d/b/a AMC Rehab was formed to be a \nconstruction company to do rehabilitation work on properties owned by Arkstone and other entities \nowned by Mr. Harris.   Asset Management Construction d/b/a AMC Rehab began operating on June \n15, 2022  \n 6.       Bill Jones did not have the authority to hire anyone on behalf of Rod Colquitt or any of \nthe entities owned in whole or in part by Alex Harris.   \nHEARING TESTIMONY \n \n Claimant’s testimony at his deposition described his horrific injury.  When asked who hired \nhim to work, he said he understood he was working for Bill Jones, who was doing business as Total \n\nPetty-H006565 \n5 \n \n \nHome Remodeling.  Claimant was friends with Bruce Jones, son of Bill Jones, which is how claimant \nwas  made  aware  there  was  a  position  available  to  work  for  Bill  Jones.    Claimant  unsuccessfully \nattempted to negotiate a higher hourly rate with Bill Jones.  He never met Rod Colquitt, but did sign \na W-9 tax form for Mr. Colquitt as requested by Bill Jones.  Claimant believed the money he received \nfrom Bill Jones for the work he did before he was injured came from Rod Colquitt.  He was of the \nimpression that Bill Jones was the manager, but Mr. Colquitt was “the money man.”  Claimant knew \nnothing about Asset Management Construction at the time of his injury.   \n During his deposition, Alex Harris identified the companies he owned or was associated with, \nincluding Asset Management Construction d/b/a AMC Rehab.  While this company was incorporated \non September 9, 2019, it was stipulated that it did not begin operations until after claimant was injured \non May 18, 2020.  Rod Colquitt was not employed by AMC Rehab until July 3, 2020.  Mr. Harris was \ncertain that claimant was not employed by AMC Rehab at the time of his injury; he believed claimant \nwas working for Bill Jones.  \n \nREVIEW OF THE EXHIBITS \n \n A detailed review of the medical records is unnecessary for a determination of the issue in this \nmatter,  as  it  is  stipulated claimant  suffered  a  partial  amputation  of  his  thumb,  complete  loss  of  his \nforefinger and middle finger, and damage to his ring finger.   \n The  non-medical  exhibits  include  the  incorporation  document  for  Asset  Management \nConstruction  d/b/a  AMC  Rehab,  as  well  as  financial  records  from  Arkstone  that  show  payments \nmade to Bill Jones in the months prior to claimant’s accident.   \nADJUDICATION \n \n The threshold issue in this case is whether claimant was working for AMC Rehab on the day \nhe was injured.  The answer to that question, as per the stipulations announced at the hearing, is “no.”  \n\nPetty-H006565 \n6 \n \n \nThe parties stipulated claimant was working for Bill Jones.\n2\n While claimant believed Rod Colquitt was \n“the money man,” the records show that Bill Jones was being paid by Arkstone, and Rod Colquitt was \nnot employed by Arkstone on May 18, 2020. As per the stipulations at the hearing, Bill Jones lacked \nthe authority to hire claimant on behalf of Rod Colquitt, or any of the businesses owned in whole or \nin  part  by  Alex  Harris,  including  respondent  Asset  Management  Construction  d/b/a  AMC  Rehab. \nWhile it is curious why Rod Colquitt was asking for information from claimant to complete a W-9 tax \nform, nothing about that request makes claimant the employee of AMC Rehab, a company that existed \nbut was not operating on May 18, 2020.   \n  I therefore find that claimant has failed to meet his burden of proof that he was employed by \nrespondent Asset Management Construction d/b/a/ AMC Rehab on May 18, 2020, and as such, all \nother  issues  regarding  his  entitlement  to  indemnity  or  medical  benefits are decided in respondent’s \nfavor as well.   \nORDER \n \nClaimant has failed to meet his burden of proving by a preponderance of the evidence that he \nwas employed by Asset Management Construction d/b/a/ AMC Rehab on May 18, 2020. Therefore, \nhis claim for those indemnity and medical benefits is hereby denied and dismissed. \nRespondent is responsible for the court reporter charge of $493.45. \n \n IT IS SO ORDERED. \n                                                                                              \n_______     \n JOSEPH C. SELF \nADMINISTRATIVE LAW JUDGE \n \n2\n As stated above, I am not finding that claimant worked for Bill Jones, as Mr. Jones was not before me to defend such \na claim.   My order is limited to the question posed in the issues to be decided:  Was claimant an employee of AMC \nRehab at the time of his injury?","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H006565 BRANDON L. PETTY, Employee CLAIMANT A M C REHAB, Employer RESPONDENT GUARD INSURANCE COMPANIES, Carrier RESPONDENT OPINION FILED AUGUST 31, 2023 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF in Fort Smith, Sebastian County, Arkansas. Claima...","fetched_at":"2026-05-19T23:04:49.574Z","links":{"html":"/opinions/alj-H204854-2023-08-31","pdf":"https://labor.arkansas.gov/wp-content/uploads/PETTY_BRANDONL_H006565_20230831.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}