{"id":"alj-H204976-2024-05-09","awcc_number":"H204976","decision_date":"2024-05-09","opinion_type":"alj","claimant_name":"Lyna Beals","employer_name":"Milligan Racing(allen Milligan)","title":"BEALS VS. MILLIGAN RACING(ALLEN MILLIGAN) AWCC# H204976 & H306277 May 9, 2024","outcome":"granted","outcome_keywords":["granted:4"],"injury_keywords":["shoulder","knee","neck","back","cervical","concussion","rotator cuff","thoracic"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BEALS_LYNA_H204976_H306277_20240509.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BEALS_LYNA_H204976_H306277_20240509.pdf","text_length":34980,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \n                                                 CLAIM NOS.: H204976 & H306277 \nLYNA M. BEALS,  \nEMPLOYEE                                                                                                             CLAIMANT \n \nMILLIGAN RACING(ALLEN MILLIGAN),  \nEMPLOYER                                                                                                         RESPONDENT \n \nLIBERTY MUTUAL INSURANCE CORPORATION, \nINSURANCE CARRIER                                                                                    RESPONDENT \n \nLIBERTY MUTUAL GROUP,  \nTHIRD PARTY ADMINSTRATOR (TPA)                                                     RESPONDENT \n \n \n             OPINION FILED MAY 9, 2024     \n        \nHearing held before ADMINISTRATIVE LAW JUDGE CHANDRA L. BLACK in Hot Springs, \nGarland County, Arkansas. \n \nClaimant represented  by the  Honorable Evelyn  E.  Brooks, Attorney  at  Law, Fayetteville, \nArkansas. \n \nRespondents represented  by the  Honorable Michael  E.  Ryburn, Attorney at  Law,  Little  Rock, \nArkansas. \n \n \nStatement of the Case \nOn February 9, 2024, the above-captioned claims came on for a full hearing in Hot Springs, \nArkansas.  A prehearing telephone conference  was  conducted in  the  above-styled  claims on \nNovember 8, 2023, from which a Prehearing Order was filed on that same day.  A copy of said \norder and the parties’ responsive filings have been marked as Commission’s Exhibit 1 and made a \npart of the record without objection.   \nStipulations \nDuring the prehearing telephone conference, and/or hearing the  parties  agreed  to  the \nfollowing stipulations: \n\nBEALS- H204976 & H306277 \n \n2 \n \n1. The Arkansas Workers’ Compensation Commission has jurisdiction of the within \nclaim. \n2. That  the  employee-employer-carrier  relationship  existed  at  all  relevant  times \nincluding on or about April 16, 2022 (when the Claimant alleges to have sustained \nher first compensable injury to her), and on May 11, 2022. \n3. The Claimant’s average weekly  wage  was  $600.00.  Her  compensation  rates  are \n$400.00 and $300.00.  \n4. The Respondents have controverted this claim in its entirety.  \n5. All   issues   not   litigated   herein   are reserved  under  the  Arkansas  Workers’ \nCompensation Act, including but not limited to the Claimant’s alleged injuries to \nher shoulder, right elbow, and right knee.  All matters pertaining to AWCC Claim \nNumber H204976 (relating to the April 16, 2022, neck injury) were resolved in my \nApril 19, 2023, Opinion and are res judicata.     \nIssues \nBy agreement of the parties, the issues to be litigated at the hearing included the following: \n1. Whether the Claimant sustained a compensable injury to her neck on May 11, 2022.  \n2. Whether the Claimant is entitled to temporary total disability compensation from \nMay 12, 2022,\n1\n through January 12, 2023. \n3. Whether the Claimant is entitled to the medical  benefits of record relating to her \nneck condition; and  future  medical treatment as  recommended  by  her  treating \nphysician, Dr. John Pace.    \n \n1\n There is a clerical error in the Hearing Transcript at page 9 of line 3.  It reads that the Claimant is requesting \ntemporary total compensation beginning on May 12, 2023.  The year in incorrect.  It should that beginning on May \n12, 2022.   \n\nBEALS- H204976 & H306277 \n \n3 \n \n4. Whether the Claimant’s attorney is entitled to a controverted attorney’s fee. \nContentions \n The respective contentions of the parties are as follows: \nClaimant:  \nClaimant contends that she is entitled to medical treatment for her neck injury, exacerbated \non  May  11,  2022,  whether  she  is  entitled  to  temporary  total  disability  and  temporary  partial \ndisability benefits from date last work full time to a date yet to determined.  Claimant reserves all \nother issues.   \nRespondents: \n The Claimant has suggested that her neck injury was exacerbated by another event on May \n11, 2022.  All matters concerning claim no. H204976 were decided in the April 19, 2023, opinion \nand are res judicata.  If there were a new incident, it should not be adjudicated under H204976.  \nHowever, the Form C filed on June 5, 2023, shows an injury date of April 16, 2022.  The Claimant \nis not entitled to additional treatment to her neck or to TTD per the previous decision that was not \nappealed.   \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 \nhear the testimony of the witness and observe her demeanor, I hereby make the following findings \nof fact and conclusions of law in accordance with Ark. Code Ann. §11-9-704 (Repl. 2012): \n1.      The Arkansas Workers’ Compensation Commission has jurisdiction over this     \n          \nclaim. \n \n2.       I hereby accept the above-mentioned proposed stipulations as fact. \n \n\nBEALS- H204976 & H306277 \n \n4 \n \n3.     The Claimant proved by a preponderance of the evidence that she sustained a    \n \n                      compensable injury to her neck on May 11, 2022.  \n           \n          4.        The Claimant proved by a preponderance of the evidence that the medical treatment   \n         of record she received was reasonable and necessary treatment for her compensable \n         May 11, 2022 neck injury.   \n         5.       The Claimant proved her entitlement to temporary total disability from May 12, 2022    \n         until January 12, 2023.  She also proved her entitlement to temporary partial disability \n         from the date she began working part-time and continuing. \n          6.       The parties stipulated that the Respondents have controverted this claim (H30677)  \n \n                    for her May 11, 2022, neck in its entirety.  Therefore, the Claimant is entitled to a  \n \n                    controverted attorney’s fee on all of the indemnity benefits awarded on this claim.    \n  \n           7.     All issues not litigated herein this Opinion are reserved.  \n \nSummary of Evidence \nMrs. Lyna M. Beals (referred to herein as the “Claimant”), was the only witness to testify \nat the hearing.  \n            The record consists of the February 9, 2024 hearing transcript and the following exhibits: \nSpecifically, Commission’s  Exhibit 1 includes  the  Commission’s  Prehearing  Order filed  on \nNovember 8, 2023 and the parties’ responsive filings; Claimant’s Exhibit No. 1 the April 19, 2023 \nOpinion  consisting  of  twenty-eight  (28)  numbered  pages; Claimant’s Medical Evidence  Index \nconsists of fifty-one (51) numbered pages was submitted on January 24, 2024; and Respondents’ \nExhibit 1, contains the Record of the Previous Hearing Transcript of the January 20, 2023. It is \nretained in the Commission’s file. \n                                                          Testimony \n\nBEALS- H204976 & H306277 \n \n5 \n \n At the time of the hearing, the Claimant was fifty-one (51) years of age.  At the previous \nhearing, the Claimant testified that in July 2021, she was hired to work for Mr. Allen Milligan, the \nowner  of  Milligan  Racing,  a  horse  racing  company.  She  testified  that  Mr.  Milligan  is  a  horse \ntrainer, and she worked as a groomer for him.    The Claimant confirmed that she was employed \nby Allen Milligan on May 11, 2022.   \n The  Claimant  now  contends  that  she  sustained  an  injury  to  her  neck  on May  11, 2024, \nwhile performing employment duties for the respondent-employer/Mr. Milligan.  Specifically, the \nexplained: \nQ And what happened on May 11, 2022? \nA On May 11\nth\n, that was at the ended of the meet for Oaklawn and I had to clean a lot \nof the stalls and move a lot of tack and truckloads of things, such as his saddles and, you \nknow, just all of the stuff that comes with moving from meet to meet, and everybody left \nthe State of Arkansas except myself, and so I was there to pretty much clean out everything \nfrom Oaklawn.  We couldn’t leave anything there.  \n \nQ So who was – was your husband there with you cleaning out the stall? \n \nA Yes.  Thomas Beals, my current husband, he helped me.  I asked for his help, as \nwell.          \n \nQ And so what specifically happened on that day? \n \nA We moved about six truckloads worth of things, such as a washing machine and a \nlot of heavy items, and we had to move it from Oaklawn to Royal, to the farm where he \nhas some, you know, storage area. \n \nQ So as you were moving the washing machine, what happened?   \n \nA When  I  was  moving  the washing  machine -- the  washing  machine  and  trying  to \npick it up with my husband, I had felt some significant pain in my right neck area, and I - \n- I just could not lift it and I felt a lot of pain at that time and I knew that there was something \ndefinitely wrong. \n \nShe confirmed that she reported her injury to her employer.  The Claimant testified that at  \n\nBEALS- H204976 & H306277 \n \n6 \n \nthe time of her May 11, 2022, injury, she was already on light duty during this time period due to \nbeing struck by a horse in April 2022.  According to the Claimant, she told Mr. Milligan she was \nin a lot of pain as a result of the washing machine incident on May 11, 2022.  The Claimant testified \nthat she told Mr. Milligan she has tingling up her arm, and no feeling in both hands, and that she \nwas unable to do the work she had been doing the prior ten years at Oaklawn with the horses.  The \nClaimant went on to testify that she cannot groom anymore.  She testified that she had not had any \nproblems whatsoever with her neck prior to her incident with the horse in April of 2022.  According \nto the Claimant, she was strong, could type 75 words per minute, and had feeling and mobility in \nher hands.  Per the Claimant, as of the date of the hearing, she cannot feel her hands and it is to the \npoint that they are constantly numb.  She has difficulties with her hands even when driving. \n The Claimant denied that she had any other accidents or injuries to her neck since the May \n11, 2022, incident with the washing machine.  She denied that numbness and tingling in her hands \nand arms have gone away since May of 2022.  According to the Claimant she had to seek treatment \nfrom Dr. Pace’s office on Adcock Road in Hot Springs.  She was getting injections in her neck to \ntry to alleviate some of the tingling to see if that would help.  However, the Claimant stated that \nnothing alleviated the pain and the tingling, and it is still there.   \nShe  testified  that  she  needs nerve  testing of  her  arms.    On  the  other  hand,  the  Claimant \ntestified that the appointments to get in to see Dr. Kramer are set six months out.  According to the \nClaimant, Dr.  Kramer  is  a  neurologist in  Hot  Springs.    She  testified  that  she  went  there  for  an \nappointment, but she did not have Medicaid and they wanted her to pay $500.00 out-of-pocket that \nshe does not have the resources to pay.  The Claimant confirmed that her last appointment was in \nFebruary of last year at the National Park Medical Center.  She explained that she simply could \nnot afford to get the testing done out-of-pocket.  According to the Claimant, she was referred to \n\nBEALS- H204976 & H306277 \n \n7 \n \nDr.  Kramer  by  Dr.  Pace.    The  Claimant  denied  being  released  by  Dr. Pace.    According  to  the \nClaimant,  once  they  were  told  she  had  stopped  working  for  Mr.  Milligan,  her  treatment  was \ncompletely stopped.  \nThe Claimant denied that the Respondents continued to pay for her medical treatment after \nthe May 11, 2022, incident.  She testified that her current symptoms in her neck and hand includes \ntenderness to touch.  She takes aspirin every day and night, and she puts muscle cream, and Icy \nHot on her neck area to alleviate her neck symptoms.  The Claimant testified that there is something \nsignificantly wrong that was never there prior to this incident.  She specifically testified that not \nhaving feeling in her hands is what is so frustrating. \nOn cross-examination the Claimant verified that she is currently working for Doc Clement.  \nShe testified that it is a full watch center, and basically, she watches the cameras and looks for foal \nand  mares  in  distress.    The  Claimant  testified  that  she  still works  with  horses,  but  the  work  is \nnothing  she  is  used  to  doing,  which  was  grooming.   She  testified  that  she  has  worked  there  for \nabout a month.  The Claimant testified that she was unemployed for quite a while after the incident, \nprimarily  due  to  her  neck.    She  admitted  that  she  testified  during  the  previous  hearing  that  she \nworked doing hot walking until May, when the meet ended.  \nThe  Claimant  denied  having  drawn  unemployment  benefits.    The  Claimant  essentially \ndenied any other sources of income. She testified that she sold various items online trying to make \nends meet.    The Claimant confirmed that when the hot walking job ended in May, she did  not \nwork until January of 2023.  She admitted that she is now on Medicaid.  The Claimant agreed that \nit has been over a year since she saw a doctor.  She testified that when she went to see Dr. Kramer, \nthere  was  a  problem  with  her  Medicaid,  and  that  is  why  they  wanted  her  to  pay  out-of-pocket.  \nAccording to the Claimant, she has been on Medicaid for a couple of weeks. \n\nBEALS- H204976 & H306277 \n \n8 \n \nShe confirmed that during the first hearing, it was over an injury that happened in April of \n2022.  The Claimant agreed that is when the horse reared up and kicked threw.  That was the initial \ninjury to her neck. She specifically testified that she was struck by the horse and thrown onto the \ncement.  The Claimant admitted that the pain never went away.  She denied getting any relief from \nthe pain of either incident.  Instead, the Claimant testified that her pain worsened when she picked \nup all the truckload of items for Mr. Milligan in May.  The Claimant testified that that she was in \npain from lifting the washer, which was in her neck and her lower back.  She admitted that she \nindicated at that prior hearing that she injured her low back due to the May 11, 2022, incident. \nThe Claimant stated that she was not asking for benefits for her low back due to the May \n11 incident because her main pain right now is her neuropathy symptoms.  \nUnder further questioning, the Claimant was asked how she hurt her neck.  She replied,  \n“Are you kidding me?  When you have to lift up a washing machine onto a truck and I’m a female, \nand I’m already injured and in pain and have no feeling in my hands? I mean, I almost dropped \nit.” \n The Claimant testified that when driving she has to literally bang her hands on the steering \nwheel trying to even feel her hands. The Claimant denied having any MRIs besides the one for her \nneck.  In her current job, the Claimant denied using a keyboard.  However, she does use a monitor.  \nThe  Claimant  testified  that  she  would  continue  to  work  at  her  current  job  until  she  can  find \nsomething else.  According to the Claimant, she needed to find work because she was in the middle \nof losing her job. Per the Claimant, she was evicted and had no choice but to return to work.  The \nClaimant,  her  doctor  explained  that  if  she  was  lifting  and  hurt  on  her  right  side,  her  neck  is \ninflamed.   \n\nBEALS- H204976 & H306277 \n \n9 \n \n She verified that she currently works a part-time job.  The Claimant confirmed she works \nabout 30 hours a week.   \n       Medical Evidence \nOn April 18, 2022, the Claimant sought treatment for pain from the Sherwood Urgent Care \nClinic, in  Hot  Springs.    There,  the  Claimant  came  under  the  care  of  Pamela  Speed, NP (nurse \npractitioner).    At  that time, the  Claimant  complained  of  shoulder  and  neck  pain.   The  Claimant \nreported  a  history  of  having  been  injured on  the  Saturday  while  working  with  horses  at  the \nracetrack. Specifically, the Claimant stated that she was pushed over striking her right shoulder \nand her neck was hurting.  The Claimant reported that most of her symptoms were on the right \ncervical  side.  Additionally,  the  Claimant  stated  that  she  had  muscle  aches,  muscle  pain, and \nmuscle  spasms.   On physical  examination, Nurse  Speed  noted  that  the  Claimant  had mild  neck \nspasm, along with anterior neck bilateral pain.  Nurse Speed diagnosed the Claimant with among \nother things, “Cervicalgia, Illness, Acute,” for which she prescribed a medication regime which \nincluded a Medrol Pak 4mg in a dose pack, and Robaxin.  Speed authored an Excuse for Work on \nthat  same  day.  She  released  the  Claimant  to  restricted/accommodated  duty.   Her  restrictions \nincluded  limited  standing,  sitting,  and  walking  along  with  a  ten-pound  lifting  restriction  to  her \nright hand.      \n The Claimant sought follow-up care from Sherwood Urgent Care on April 21, 2022, due \nto pain in her neck, among other bodily parts.  She stated that she was kicked by a horse on the left \nside, but this caused her to fall, and she landed on her right side, striking her head on the ground.  \nThe Claimant reported she “hit her head on a concrete floor” when she fell.  She reported that she \nstarted  having  dizziness,  headache,  and  nausea  after  leaving  the  clinic.  However,  the  Claimant \nspecifically reported that her symptoms were now better.  Her shoulder pain, and right back pain \n\nBEALS- H204976 & H306277 \n \n10 \n \nwere now resolved, and her ROM in her neck was normal.  Although the Claimant reported her \nsymptoms had resolved, a CT of the head was ordered due to a diagnosis of concussion without \nloss of consciousness.  Medical staff instructed the Claimant to return to the clinic for follow-up \ncare after the imaging was completed.      \n Subsequently,  on  June 14, 2022, the  Claimant  returned  to Sherwood Urgent Care  for \nadditional medical care.  The nurse practitioner, Robyn Chreene, wrote that the Claimant had an \ninjury at work on April 18 [sic], 2022 and was seen there at the clinic.  Per these medical notes, \nthe Claimant had a CT of the head performed on April 26, 2022, and received the results on April \n28, 2022.  The nurse practitioner noted that the Claimant was told to come back for clearance to \nreturn  to  work, but  she  never  returned.    At  that  time,  the  Claimant  reported that  her  employer \nrefused to return her to work until she was 100%, but she does not feel 100%.  The Claimant stated \nthat she did not know what to do and wanted to know what she should do given her condition.  She \nreported that she continued to have right-sided neck pain from the initial injury although her X-\nrays of the C-spine were normal.  But the Claimant denied numbness or tingling or any radiation \nof  pain  down  her  arm.  At  that  time,  the Claimant  reported that  she  hurt  her  back  in  a  separate \nincident on May 11, 2022, lifting something.  They ordered physical therapy and noted that they \nwould move forward with an MRI of the neck and shoulder if the Claimant did not improve with \ntherapy.  Although Nurse Chreene continued the Claimant on light duty, she stated that she did not \nfeel  the  Claimant  needed  to  be  placed  completely  off  work.    On  physical  examination,  the \nClaimant’s ROM was noted to be normal in her neck as well as her shoulder with no radiculopathy \nsymptoms.  Specifically, Speed wrote, “Low suspicion for rotator cuff injury or cervical nerve root \nimpingement from work injury.” \n\nBEALS- H204976 & H306277 \n \n11 \n \n On June 28, 2022, the Claimant presented for follow-up care on her neck and back pain \nunder  the  care  of  Robyn  Chreene,  NP.    She  reported  that  she  had  her  first  physical  therapy \nappointment on July 7, 2022.  The Claimant had not returned to work.  She stated that the muscle \nrelaxers caused her to be nauseated.  Therefore, she had been using ice or heat to the affected area.  \nPer  these  clinical notes, Nurse Chreene called the Claimant’s boss to get clarification on the \navailability of light duty work and due to her boss stating she had to be a 100% before returning \nto  work.   Specifically, the  nurse  practitioner wrote, “At the last visit the patient stated  she was \ninjured at work on 5/11 as well as reinjuring her right shoulder and neck. Discussed with patient \nthat her boss states she was no longer employed with them and that she was unsure if this was still \ncovered with workers [sic] comp as she was not an employee.”  The nurse practitioner instructed \nthe  Claimant  to  alternate  ice  and  heat  to  her  shoulder;  continue  with  anti-inflammatory;  attend \nphysical therapy as needed; and to follow-up as needed.         \n The Claimant underwent evaluation for physical therapy on July 7, 2022, at Levi Hospital. \nDalton Steele PT, DPT, Cert. DN authored a Physical Therapy Initial Evaluation physical therapy \nnote.    Physical  Therapist  Steele  noted  that  the  Claimant  presented  to  the  therapy  clinic  with \ncomplaints of right shoulder pain following a work-related accident.  In particular, the Claimant \nreported she was kicked by a horse in mid-April.  She stated that she was kicked on the left side \nand fell onto the concrete on her right side.  Of significance, the Claimant stated that she sought \ntreatment from Sherwood Urgent Care and was told she suffered a concussion.  She reported that \nher concussion symptoms resolved but she has been having a lot of pain and difficulty with her \nright shoulder.  The Claimant stated she believed she needed an MRI for her shoulder due to sharp \nand burning pain in her shoulder that does not seem to go away. \n\nBEALS- H204976 & H306277 \n \n12 \n \n An MRI of the Claimant’s cervical spine was performed on November 16, 2022, with an \nimpression of “At C5-6  there  is  moderate  right  neural  foraminal  stenosis  nerve  impingement.  \nMultilevel degenerative disc and facet changes.” \n William James, CRNA, for Dr. John Pace evaluated the Claimant on December 19, 2022.  \nAt that time, the Claimant reported joint pain, muscle pain, muscle cramps, neck pain, middle back \npain, muscle stiffness and lower back pain.  On physical examination, the Claimant was noted to \nhave cervical spine stiffness and decreased ROM, along with thoracic tenderness among symptoms \nrelated to the lumbar spine.  James performed a right C5-6 epidural steroid injection. \nThe  Claimant  was  seen  in  the  office  of  Dr.  Pace  on January  3,  2023.   At  that  time,  the \nClaimant was evaluated by Dr. Pace’s CRNA,  William  James.    At  that  time,  the  Claimant  was \nassessed with “Radiculopathy, cervical region.”  She continued with the symptoms noted above.  \nHowever, the Claimant reported improvement with paresthesia in her fingers since the right ESI \non the right C5-6, which was performed on December 19, 2022.  \nOn January 31, 2023 the Claimant returned to Dr. Pace’s office for a follow-up visit of the \nC56  ESI,  which  was  performed  on  December  19,  2022.    Although  the  Claimant  had multiple \nailments, her most relevant complaints to this claim being problems with her neck. Specifically, \nthe Claimant’s neck problems included spinal stenosis in the cervical region, neck pain, and \ncervical radiculopathy.  At that time, the Claimant was assessed with “Arthropathy of cervical \nspine  facet joint.”  Per these clinic notes, the  Claimant  did  great  with  the  procedure.    She  had \nimproved  paresthesia  in  bilateral  hands  and  lateral  forearm.    The  Claimant  was  assessed  with \n“Spondylosis  with  myelopathy  or  radiculopathy,  cervical  region,”  for  which  her  current \nmedication regimen was continued.  \n\nBEALS- H204976 & H306277 \n \n13 \n \nThe Claimant returned to Dr. Pace’s office on February 28, 2023.  At that time, the \nClaimant  reported,  among  other  things,  continued  pain in  her  neck along  with  weakness  and \nnumbness and tenderness in both upper extremities.  On physical examination, the Claimant had \ncervical spine tenderness and decreased ROM.  Dr. Pace recommended that the Claimant undergo \nbilateral  upper  extremities  EMG/NCV studies.  He  also  wrote  a  referral  for  the  Claimant  to  be \nevaluated by a neurologist for her cervical spine radiculopathy.                      \nAdjudication \nA. Compensability  \nThe Claimant has asserted a compensable neck injury on May 11, 2022, while working for \nthe respondent-employer/Milligan Racing.  \n \"Compensable  injury\"  means  an accidental  injury  causing  physical  harm  to  the  body, \narising out of and in the course of employment and which requires medical services or results in \ndisability  or  death.    Ark.  Code  Ann.  §11-9-102(4)(A)(i).  A  compensable  injury  must  be \nestablished   by   medical   evidence   supported   by   objective   findings.      Ark.   Code   Ann.   § \n11-9-102(4)(D).   The Claimant must prove by a preponderance of the evidence that she sustained \na compensable injury.  Ark. Code Ann. § 11-9-102(4) (E)(i). \nPreponderance  of  the  evidence  means  the  evidence  having  greater  weight  or  convincing \nforce.  Metropolitan Nat’l Bank v. La Sher Oil Co., 81 Ark. App. 269, 101 S.W.3d 252 (2003).   \n  After  reviewing  the  evidence  in  this  case  impartially,  without giving  the  benefit  of  the \ndoubt to either party, I find that the Claimant proved by a preponderance of the credible that she \nwas sustained  an  accidental  injury  to  her  cervical  spine  arising  out  and  in  the  course  of  her \nemployment on May 11, 2022, while working for Milligan Racing.   \n\nBEALS- H204976 & H306277 \n \n14 \n \nHere, I am persuaded that the Claimant was performing work-related activities when she \nreinjured her neck on May 11, 2022.   Specifically, the Claimant credibly testified that she was \nreinjured on May 11, 2022, while working for Milligan Racing.  Her testimony proves that she \nreinjured her neck on May 11, 2022, while trying to lift a washer onto the back of a truck with her \nhusband.  I  find that the Claimant’s account  of  this  incident to  be  credible.   Her  testimony  was \ncorroborated by her husband’s testimony in this regard when he credibly testified during the first \nhearing  about  the May  11\nth\n incident. The  Claimant’s testimony is  also  corroborated  by the \ncontemporaneous medical documentation of record, namely the clinic notes from June 14, 2022.   \n Hence, the Claimant testified that she reported her injury to Mr. Milligan. Thereafter, the \nClaimant sought initial medical services for her second neck injury of May 11, 2023, from Hot \nSprings - Sherwood Urgent Care Clinic on June 14, 2022.  At that time, the Claimant specifically \nmentions the occurrence of a separate May 11 incident.  \nSubsequently, the  Claimant  underwent  an  MRI  of  the  cervical  spine  on  November  16, \n2022,  which  revealed  that  at  “C5-6  there  is  moderate  right  neural  foraminal  stenosis  nerve \nimpingement.”  I am persuaded that these objective medical findings are causally related to the \nClaimant’s May 11, 2022, work-related injury due to the following reasons.  Specifically, x-rays \ntaken on April 18, 2022 of the Claimant’s cervical spine were normal.  It was not until after the \nMay 11, 2022, work-related incident that the cervical spine abnormalities were revealed.  Here, \nboth the Claimant and her husband credibly testified that she was “reinjured” in May of 2022.  \nMoreover, when the Claimant returned to the Urgent Care Clinic on April 21, she reported \nthat  her  right  shoulder  pain  had  resolved,  and of  significance  the ROM  in  her  neck  was now \nnormal.  At that time, medical staff instructed the Claimant to return for a follow-up visit to the \nUrgent Care Clinic to get clearance to return to work.  However, the Claimant failed to return to \n\nBEALS- H204976 & H306277 \n \n15 \n \nthe clinic as directed to obtain clearance to return to work.  More importantly, the Claimant did \nnot seek further medical treatment/follow-up care until after the May 11 lifting incident.  Thus, the \nClaimant continued working her regular full-time and even more laborious employment duties for \nMilligan  Racing after her  first  neck  injury  of April  16, and  did  not  stop working  until  after her \nsecond work-related  neck  injury  of May 11,  2022, which  is at issue  now.   The  Claimant  also \ntestified that she had no prior problems with her neck, and she denied having sustained any other \ninjuries or accidents after the May 11, 2022 injury. \nIn  light  of  the  above  cited  reasons,  I  find  that  the  abnormalities of the Claimant’s neck \nrevealed on the November 16, 2022 MRI establishes an injury to her neck by medical evidence \nsupported by objective findings.  \nTherefore, based on all of the foregoing, I find that the Claimant has met all of the necessary \nrequirements  for  establishing  a  compensable  injury  to  her cervical  spine  while  performing \nemployment  activities  for  her  employer.    Thus,  I  therefore  find  that  the  Claimant  proved by  a \npreponderance of the evidence that she sustained  a compensable injury to  her neck on May 11, \n2022, during and in the course of her employment with the respondent-employer/Milligan Racing.   \nB. Medical Benefits \nAn employer shall promptly provide for an injured employee such medical treatment as \nmay be reasonably necessary in connection with the injury received by the employee.  Ark. Code \nAnn. § 11-9-508(a).  The Claimant bears the burden of proving by a preponderance of the evidence \nthat  medical  treatment  is  reasonably  necessary.   Stone  v.  Dollar  General  Stores,  91  Ark.  App. \n260, 209 S.W.3d 445 (2005). \nThe Claimant proved that the treatment of record that she received for her May 11, 2022 \nneck injury beginning on June 14, 2022 and continuing was reasonable and necessary for her neck \n\nBEALS- H204976 & H306277 \n \n16 \n \ninjury.  Her testimony shows that she continues with pain, and numbness and tingling in her hands \nand arms, which has been related to her neck injury of May 2022.  Prior to her work injury, the \nClaimant had not had any problems or complaints of the neck, except for the first injury to her \nneck,  a  few  weeks  earlier  on  April  16.  I thus  find  that the Claimant proved her  entitlement  to \nadditional  medical treatment  for  her  neck  injury,  including  the care recommended  by  Dr. John \nPace in  the  form  of bilateral  upper  extremities EMG/NCV studies, and the  referral  for  further \nevaluation of her cervical spine complaints by a neurologist.   \nC.  Temporary Total Disability and Temporary Partial Compensation  \nHere, the Claimant contends that she is entitled to temporary total disability benefits for \nher neck injury of May 11, 2022, beginning on May 12, and continuing until January 12, 2023.     \nAn  injured  employee  for  an  unscheduled  injury  is  entitled  to receive temporary  total \ndisability compensation  during  the  time  that she  is  within  her healing  period  and  totally \nincapacitated from earning wages.   Arkansas  State  Highway  and  Transportation  Department  v. \nBreshears, 272 Ark. 244, 613 S.W.2d 392 (1981).  The healing period is that period for healing of \nthe injury which continues until the employee is as far restored as the permanent character of the \ninjury will permit.  Nix v. Wilson World Hotel, 46 Ark. App. 303, 879 S.W.2d 457 (1994).  If the \nunderlying condition causing the disability has become stable and nothing further in the way of \ntreatment will improve that condition, the healing period has ended. Id.  Temporary total disability \ncannot be awarded after the Claimant’s healing period has ended.  Trader  v.  Single  Source \nTransportation, Workers’ Compensation Commission E507484 (February 12, 1999). \n The Claimant proved her entitlement to any temporary total disability for her compensable \ncervical spine injury  of May  11, 2022, and  continuing  until  January  13,  2023,  because she  was \ntotally incapacitated from earning her regular wages as a groomer and other laborious work during \n\nBEALS- H204976 & H306277 \n \n17 \n \nthis time  limit.  She  has  remained  within  her  healing period since  the  day  of  her injury, and it \ncontinues.  In that regard, Dr. Pace has ordered additional diagnostic testing to determine the extent \nof her injury; and he has referred the Claimant for further evaluation by a specialist/neurologist for \nher continued neck pain and other difficulties, including but not limited to numbness and tingling \nof her both her upper extremities.  Therefore, I find that the Claimant proved her entitlement to \ntemporary total disability from May 12, 2022, until January 12, 2023. \nThe  Claimant  also  contends  she  is  entitled  to  temporary  partial  disability.    Temporary \npartial  disability  is  that  period  within  the  hearing  period  in  which  the  employee  suffers  only  a \ndecrease in her capacity to earn the wages she was receiving at the time of the injury. \n  Here, the Claimant credibly testified that she returned to work part-time performing less \nstrenuous  employment  duties and  continues  to  do  so.   The  evidence  before me shows  that  the \nClaimant’s earning capacity has been diminished since that time and continued through the date \nof the hearing.  The Claimant has remained within her healing since the day of her injury.  The \nClaimant has suffered a decrease in her earning capacity due to her compensable neck injury so as \nto prove her entitlement to temporary partial disability benefits from the time she started working \npart-time until a date yet to be determined.       \nD.  Attorney’s Fee \n  It is undisputed that the Respondents have controverted this claim in its entirety.  Therefore, \nthe Claimant’s attorney is entitled to a controverted attorney’s fee on all indemnity benefits \nawarded herein to the Claimant pursuant to Ark. Code Ann. § 11-9-715. \n                AWARD \nThe Respondents are directed to pay benefits in  accordance with the  findings of fact set \nforth herein this Opinion.   \n\nBEALS- H204976 & H306277 \n \n18 \n \nAll accrued sums shall be paid in lump sum without discount, and this  award shall earn \ninterest at the legal rate until paid, pursuant to Ark. Code Ann. § 11-9-809. Pursuant to Ark. Code \nAnn.  §  11-9-715,  the Claimant’s attorney is entitled to a 25% attorney’s fee on the indemnity \nbenefits awarded herein.  This fee is to be paid one-half by the carrier and one-half by the Claimant.  \nAll issues not addressed herein are expressly reserved under the Arkansas Workers’  \nCompensation Act.        \n      IT IS SO ORDERED. \n \n \n          ______________________________ \n          CHANDRA L. BLACK \n                 ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NOS.: H204976 & H306277 LYNA M. BEALS, EMPLOYEE CLAIMANT MILLIGAN RACING(ALLEN MILLIGAN), EMPLOYER RESPONDENT LIBERTY MUTUAL INSURANCE CORPORATION, INSURANCE CARRIER RESPONDENT LIBERTY MUTUAL GROUP, THIRD PARTY ADMINSTRATOR (TPA) RESPONDENT OPINION FILED MAY 9,...","fetched_at":"2026-05-19T22:54:08.108Z","links":{"html":"/opinions/alj-H204976-2024-05-09","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BEALS_LYNA_H204976_H306277_20240509.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}