{"id":"alj-H205370-2023-01-05","awcc_number":"H205370","decision_date":"2023-01-05","opinion_type":"alj","claimant_name":"Sharon Christian","employer_name":"Northport Health Services Arkansas LLC","title":"CHRISTIAN VS. NORTHPORT HEALTH SERVICES ARKANSAS LLC AWCC# H205370 JANUARY 5, 2023","outcome":"granted","outcome_keywords":["granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//CHRISTIAN_SHARON_H205370_20230105.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CHRISTIAN_SHARON_H205370_20230105.pdf","text_length":6753,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n   \n CLAIM NO. H205370 \n \nSHARON CHRISTIAN, Employee                                                                       CLAIMANT \n \nNORTHPORT HEALTH SERVICES ARKANSAS LLC, Employer             RESPONDENT \n \nPMA MANAGEMENT CORPORATION, Carrier                                        RESPONDENT \n \n \n OPINION FILED JANUARY 5, 2023 \n \nCase submitted on the record with stipulated facts before ADMINISTRATIVE LAW JUDGE \nJOSEPH C. SELF in Springdale, Washington County, Arkansas. \n \nClaimant is represented by MICHAEL L. ELLIG, Attorney, Fort Smith Arkansas. \n \nRespondents represented by JAMES A. ARNOLD II, Attorney, Fort Smith, Arkansas. \n \n    \n STATEMENT OF THE CASE \n \n \n On November 10, 2022, a pre-hearing conference was conducted with the attorneys for the \nparties.  A pre-hearing order was filed on that same date.  A copy of the pre-hearing order has been \nmarked as Commission’s Exhibit #1 and made a part of the record without objection.   Rather than \nschedule  this  matter  for  a  hearing,  the  parties  advised  that  a  stipulated  record  would  be  submitted, \nalong with a brief from each party setting forth its position on how the law applies to the stipulated \nfacts.  The stipulated facts and the briefs of the parties are blue backed and made a part of the record.  \n The stipulated facts of this case are as follows: \n           1.     The Arkansas Workers’ Compensation Commission has jurisdiction of this claim. \n           2.          The  employee/employer/carrier  relationship  existed  between  Sharon  Christian  and \nNorthpoint Health Services Arkansas and PMA Management Company at all relevant times, including \nJuly 14, 2022. \n\n2 \n \nChristian-H205370 \n \n          3.      Through no fault of the claimant, Sharon Christian, did not work a full workweek for \nthe first four weeks of her employment. \n          4.     On or about July 14, 2022, Sharon Christian sustained an injury to her left leg in the course \nand scope of her employment with Northpoint Health Services Arkansas. \n          5.      Sharon Christian’s left leg injury was accepted as compensable by Northpoint Health \nServices Arkansas and PMA Management Company and benefits were paid under the Act accordingly. \n           6.     Based on the actual wages paid to claimant, respondents paid temporary total disability \nbenefits at the rate of $677.00 per week. \n           7.     Attached is the AR-W form which accurately reflects the wages that were paid to claimant \nprior to her date of injury. \n           8.          In  lieu  of  a  hearing,  the  parties  agree  to  submit  the  issue  of  average  weekly  wage  and \ncompensation rates to the Commission with the record consisting of briefs and stipulation of fact.   \n Therefore, the issue to be decided is solely what claimant’s  average  weekly  wage  is  for \ncalculating her temporary total disability benefits.  \n Claimant contends that the records show claimant’s average weekly wage is $1,260.00, entitling \nher to the maximum compensation rate of $790.00, and that she is entitled to an attorney’s fee on any \nindemnity benefits awarded.  \n Respondents contend that claimant’s average weekly wage is $1,015.83, yielding a temporary \ntotal disability rate of $678.00, and have already been paid.  \n From a review of the record as a whole, including the stipulated facts, the briefs of the parties, \nthe  payment  records  submitted,  and  other  matters  properly  before  the  Commission,  the  following \nfindings of fact and conclusions of law are made in accordance with A.C.A. §11-9-704: \n \n\n3 \n \nChristian-H205370 \n \n  FINDINGS OF FACT & CONCLUSIONS OF LAW \n \n 1.   The stipulations submitted by the parties are hereby accepted as fact. \n 2.   Claimant’s average weekly wage is $1,260.00,  which  entitles  her  to  a  temporary  total \ndisability rate of $790.00.  \n 3.  Claimant is entitled to an attorney’s fee on the unpaid indemnity benefits.  \nREVIEW OF THE EXHIBITS \n \n The exhibits which were submitted without objection were claimant’s pay stubs  beginning \nwith a check dated April 12, 2022, and ending with a check dated June 21, 2022, and the AR-W form \nfiled December 6, 2022, with the Commission.  \nADJUDICATION \n \n This  matter  is  governed  by Arkansas  Code  Annotated  section  11-9-518 which states  in \npertinent part: \n (a)(1) Compensation shall be computed on the average weekly wage earned by the employee \nunder the contract of hire in force at the time of the accident and in no case shall be computed on \nless than a full-time workweek in the employment. \n (c)  If,  because  of  exceptional  circumstances,  the  average  weekly  wage  cannot  be  fairly  and \njustly determined by the above formulas, the commission may determine the average weekly wage by \na method that is just and fair to all parties concerned. \n I am also persuaded that Rheem Mfg. v. Bark, 97 Ark. App. 224 (2006) is squarely on point with \nthe stipulated facts of this case.   \nAs set forth in stipulated fact #3, claimant did not work full-time during the first four weeks \nof her employment but that failure to work a full week was not claimant’s fault.   As such, I find the \ncalculations for claimant’s average weekly wage should commence on April 27, 2022.   Claimant began \n\n4 \n \nChristian-H205370 \n \naveraging 42 hours per week on that date, and for eight weeks, earned a total of $10,076 in regular \nwages and overtime.  That averages $1,260.00 per week, and 75% of that sum exceeds the maximum \ncompensation  rate  for  temporary  total  disability.  Therefore,  I  find  the  claimant  is  entitled  to \ncompensation at the maximum rate of $790.00 per week.  \nORDER \n \nClaimant  earned  an  average  weekly  wage  of  $1,260.00  which  would  entitle  her to a \ncompensation at the rate of $790.00 per week for temporary total disability benefits. Respondent is \nliable for the difference, if any, between this rate and the rate at which benefits were previously paid. \nPursuant to A.C.A. §11-9-715(a)(1)(B), claimant’s attorney is hereby awarded an attorney’s fee \nin the amount of 25% of the indemnity benefits payable to the claimant. This fee is to be paid one-\nhalf by the carrier and one-half by the claimant. The respondents are to withhold the claimant’s portion \nof the attorney's fee from the claimant's award and to pay the attorney's fee directly to the claimant's \nattorney. \nAll sums herein accrued are payable in a lump sum without discount and this award \nshall bear interest at the maximum legal rate until paid. \n IT IS SO ORDERED \n                                                                                               \n \n \n_______     \n JOSEPH C. SELF \nADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H205370 SHARON CHRISTIAN, Employee CLAIMANT NORTHPORT HEALTH SERVICES ARKANSAS LLC, Employer RESPONDENT PMA MANAGEMENT CORPORATION, Carrier RESPONDENT OPINION FILED JANUARY 5, 2023 Case submitted on the record with stipulated facts before ADMINISTRATIVE LAW...","fetched_at":"2026-05-19T23:10:54.081Z","links":{"html":"/opinions/alj-H205370-2023-01-05","pdf":"https://labor.arkansas.gov/wp-content/uploads//CHRISTIAN_SHARON_H205370_20230105.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}