{"id":"alj-H206137-2023-07-18","awcc_number":"H206137","decision_date":"2023-07-18","opinion_type":"alj","claimant_name":"Frank Bowdoin","employer_name":"Ok Foods, Inc","title":"BOWDOIN VS. OK FOODS, INC. AWCC# H206137 JULY 18, 2023","outcome":"granted","outcome_keywords":["granted:4","denied:4"],"injury_keywords":["wrist","back","lumbar","strain"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BOWDOIN_FRANK_H206137_20230718.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BOWDOIN_FRANK_H206137_20230718.pdf","text_length":30325,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H206137 \n \nFRANK BOWDOIN, Employee CLAIMANT \n \nOK FOODS, INC., Employer RESPONDENT \n \nOK FOODS, INC., Carrier RESPONDENT \n \n \n \n OPINION FILED JULY 18, 2023 \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in  Fort  Smith, \nSebastian County, Arkansas. \n \nClaimant represented by MICHAEL L. ELLIG, Attorney at Law, Fort Smith, Arkansas. \n \nRespondents represented by R. SCOTT ZUERKER, Attorney at Law, Fort Smith, Arkansas. \n \n STATEMENT OF THE CASE \n \n On  April  20,  2023,  the  above  captioned  claim  came  on  for  a  hearing  at  Fort  Smith, \nArkansas.    A  pre-hearing  conference  was  conducted  on  February  27,  2023,  and  a  Pre-hearing \nOrder  was  filed  on  February  28,  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 July 11, \n2022. \n 3. The respondents have controverted the claim in its entirety. \n By agreement of the parties the issues to litigate are limited to the following: \n\nBowdoin – H206137 \n \n-2- \n 1.  Whether  Claimant  sustained  a  compensable  injury  to  his  right  hand  and  wrist  on  or \nabout July 11, 2022. \n 2. Whether Claimant is entitled to medical treatment for his right hand and wrist injury. \n 3. Whether Claimant is entitled to temporary total disability benefits from July 12, 2022, \nto a date yet to be determined. \n 4. Whether Claimant’s attorney is entitled to an attorney fee. \n 5. Claimant’s compensation rates. \n Claimant’s contentions are: \n“The  claimant  contends  that  he  sustained  a  compensable  injury  to \nhis right hand and wrist  in an employment related fall on July 11, \n2022  that  has  caused  and  continues  to  cause  him  to  require \nreasonable  necessary  medical  services  and  has  resulted  in  him \nbeing  rendered  temporarily  totally  disabled  from  July  12,  2022 \nthrough  a  date  yet  to  be  determined.  Finally,  he  contends  his \nattorney  is  entitled  to  a  statutory  fee  on  all  appropriate  benefits \nawarded.” \n \n Respondents’ contentions are: \n \n“Respondent controverts this claim in its entirety and contends that \nClaimant  did  not  sustain  a  compensable  injury  as  that  term  is \ndefined by Act 796.” \n \n The  claimant  in  this  matter  is  a  70-year-old  male  who  alleges  to  have  sustained \ncompensable  injuries  to  his  right  hand  and  right  wrist  on  or  about  July  11,  2022.  The  claimant \nhad very recently been hired by the respondent when he alleges his injuries to have occurred on \nthe  first  day  of  orientation,  before  his  job  duties  had  been  assigned  to  him.  The  claimant  gave \ndirect examination testimony about how he alleges the injuries to have occurred and his reporting \nof his injuries as follows: \nQ All right. Now, what were you doing for OK Foods on July \n11, 2022? \n\nBowdoin – H206137 \n \n-3- \n \nA I was in orientation. \n \nQ And did you have an accident on that day? \n \nA Yeah, in the bathroom. I fell and crushed by own hand with \nmy own body trying to break my fall. \n \nQ Can you describe the accident in a little more detail for the \nJudge? \n \nA Well, I slipped and tried to put my hand down. I landed on \nit sideways and I thought I broke – I thought for sure I broke these \ntwo fingers because it hurt so much. \n \nQ They can’t tell what two fingers. \n \nA These two here (indicating). \n \nQ Nobody  is  videotaping  this.  You  have  to  tell  us  which \nfingers it is. \n \nA It don’t know.  How do  you explain them? The little finger \nand the next one in. \n \nQ All right. Your ring finger and your little finger? \n \nA Yes. \n \nQ And  what  difficulties  did  you  have  after  this  accident? \nWhat physical difficulties or symptoms? \n \nA My  hand  was  throbbing  all  the  time.  I  couldn’t  hardly  get \nany sleep at all. And to this day, the same. It hasn’t improved at all. \n \nQ Did you also initially have some low back complaints? \n \nA Yes,  my  back  did  hurt  the  day  it  happened,  but  then  it \nstopped hurting and I feel like it’s 100 percent now. \n \nQ And did you report this accident and your difficulties to OK \nFoods? \n \nA Yes. When it happened immediately. \n \n\nBowdoin – H206137 \n \n-4- \nQ And were you sent for medical treatment? \n \nA Yes. \n \n On  cross  examination,  the  claimant  was  asked  about  the  events  surrounding  his  alleged \ninjury in more detail as follows: \nQ Okay.  Let’s  talk  a  little  bit  about  the  accident  itself.  And  I \ntook your deposition. We have given the Judge your deposition so \nI don’t want to belabor it, but it is my understanding that during the \norientation you were given two breaks, a break in the morning and \na break in the afternoon and also a lunch; correct? \n \nA Yes. \n \nQ And this accident happened during one of those breaks? \n \nA Yes. \n \nQ I  think  you  told  me  didn’t  most  people  go  outside  and \nsmoke a cigarette or do whatever they did? \n \nA Yes. \n \nQ You  didn’t  have  any  restrictions  on  what  you  had  to  do \nduring the break; did you? \n \nA No. \n \nQ You  didn’t  have  to  respond  to  any  customers  or  maintain \nany equipment while you were on the break? \n \nA No. \n \nQ And  as  I  recall  from  your  testimony,  you  had  gone  I  think \noutside for your break; correct? \n \nA Just for a breath of fresh air, yes. \n \nQ Okay.  And  then  on  your  way  back  in,  you  decided  to  stop \nat the restroom? \n \nA Uh-huh. \n \n\nBowdoin – H206137 \n \n-5- \nQ And you had to have a bowel movement; correct? \n \nA Uh-huh. \n \nQ It  is  my  understanding  you  sat  on  the  commode,  had  your \nbowel movement? \n \nA Yes, sir. \n \nQ And  as  you  were  standing  up  from  that  bowel  movement, \nthat is when you fell? \n \nA Well, I pulled my pants unbuckled and took a step and fell. \n \nQ Okay. You are still in the stall? \n \nA It’s not a stall. It’s an open bathroom. \n \nQ Okay. You hadn’t even gotten to the point of washing your \nhands yet; had you? \n \nA No. \n \n At  Respondents’  Exhibit  2,  pages  1-2, a  document  is  found  entitled “Initial  Incident \nReport.”  That  report  gives  general  information  about  the  claimant  and  the  incident  he  alleges. \nThe  report  indicates  the  claimant  reported  his  July  11,  2022,  incident  to  Lessyrinereira \nVelazquez  Diaz.  In  the  report,  the  claimant  complained  of  lumbar,  right  wrist,  and  right  hand \ndifficulties. Specifically, the claimant reported a right ring and right pinky finger injury in regard \nto his right hand.  \n The  claimant  was  seen  at  Occupational  Medicine  Clinic  on  July  11,  2022,  by  Tawni \nGlander, APN. Following is a portion of that medical report: \nCHIEF COMPLAINT \nRight hand \n \nPATIENT DESCRIPTION OF ACCIDENT \nFrank  slipped  in  the  bathroom  causing  him  to  fall  on  right  hand \ncausing hand. \n\nBowdoin – H206137 \n \n-6- \n \nHISTORY OF PRESENT ILLNESS \nFrank’s  primary  problem  is  pain  located  in  the  right  hand.  He \ndescribes  it  as  sharp,  numb,  tingling.  The  problem  began  on \n7/11/2022.  He  has  noticed  that  it  is  made  worse  by  moving  it.  He \nalso  notes  that  it  is  accompanied  by  tingling,  numbness.  His  pain \nlevel  is  5.  Additional  History:  Injury  date  7/1/2022:  slipped  in  the \nbathroom  causing  FOOSH  injury  of  right  hand  with  now  pain  to \n4\nth\n-5\nth\n digits and medial hand. Also having lumbar pain, difficulty \nsitting, feels a sharp shooting pain with a “pull” feeling in his back. \nArea iced at work after incident. \n \n*** \nEXAMINATION \n*** \nRight  Hand:  An  abrasion  is  not  present.  An  open  wound  is  not \npresent.  Pain  on  motion  is  present  over  the  4\nth\n  metacarpal,  volar \nsurface, Pain on motion is present over the 5\nth\n metacarpal. Pain to \npalpation  is  present  over  the  5\nth\n  metacarpal.  Pain  to  palpation  is \npresent  over  the  4\nth\n  metacarpal.  Range  of  motion  is  normal. \nSwelling is not present. Strength is limited. A laceration is present \nover the hand, dorsal surface. Erythema is not present. Its surfaces \nare clean, Sensation distal to the wound is normal. At the deepest it \nextends through the dermis and into the subcutaneous layer, Motor \nfunction distal to the wound is normal, The skin edges are smooth. \nThe laceration is 3 centimeters long. \n \n*** \nIMAGING STUDIES \nX-Ray  Results:  x-ray –  lumbar  spine,  right  hand  fingers  with  no \nabnormal findings. \n \nDIAGNOSIS \n1. Low back pain (M54.4) \n2. Pain in right hand (M79.641). \n3. Pain in right finger(s) MM79.644) \n4. Fall on same level, unspecified, initial encounter (W18.30XA) \n \nDISCUSSION \nThis  is  the  first  examination  for  this  back  strain  and  hand  injury. \nHe was provided NSAIDs for the pain. He was instructed on back \nexercises. He is to ice the back  after the exercises. He will follow \nup  in  10  days.  Frank  received  a  copy  of  the  ‘Visit  Summary  and \nInstructions’. He was given  an  opportunity  to  ask  questions  about \nhis care. He verbalized understanding. \n\nBowdoin – H206137 \n \n-7- \n \nPLAN OF CARE \nComments   Restrictions   provided.   NSAID   as   prescribed   and \nTylenol  as  needed  for  pain.  Muscle  relaxer  at  night.  Hot  showers \ntwice daily. Home exercises given to be done daily. Follow up in 1 \nweek. \n \n*** \nMEDICAL CAUSATION \nThe cause of this problem is related to work activities. \n \nRECOMMENDED WORK STATUS \nFrank’s   recommended   work   status   is   Restricted   Duty.   The \neffective date for this work status is 7/11/2022. \n \nRECOMMENDED ACTIVITY RESTRICTIONS \nRight Hand: Grasping may not be performed. Lifting should not be \nperformed.  Should  keep  wound  clean  and  dry.  Back:  Lifting \nshould  be  limited  to  20  pounds  or  less.  Lifting  repetitively  should \nbe  limited  to  10  pounds  or  less.  Limit  bending/stooping/twisting. \nAlternate sit/stand/walk as tolerated. \n \nAFTERCARE INSTRUCTIONS \nRestrictions  given.  Recommend  take  2  acetaminophen  (500  mg \neach)  every  6  hours  as  needed  for  pain.  NSAID  twice  daily  with \nfood  as  prescribed.  Recommend  hot  showers  twice  daily.  Low \nback  exercises  provided.  Follow  up  here  in  10  days.  Contact  us  if \nyou have any questions or problems. \n \n An x-ray of the claimant’s right fingers was also performed at Mercy Clinic Regions on \nthat same day and showed “no acute fractures or dislocations.” The claimant’s right-hand x-ray \nalso revealed “negative right hand x-ray.” \n On  July  21,  2022,  the  claimant  was  again  seen  by  Tawni  Glander,  APN.  Following  is  a \nportion of that medical record: \nCHIEF COMPLAINT \nRight hand \n \nPATIENT DESCRIPTION OF ACCIDENT \nFrank  slipped  in  the  bathroom  causing  him  to  fall  on  right  hand \ncausing hand. \n\nBowdoin – H206137 \n \n-8- \n \nHISTORY OF PRESENT ILLNESS \nFrank’s  primary  problem  is  pain  located  in  the  right  hand.  He \ndescribes it as throbbing. The problem began on 7/11/2022. Frank \nsays  it  seems  to  be  constant.  He  has  noticed  that  it  is  made  worse \nby  moving  it.  He  feels  it  is  not  improving.  His  pain  level  is  8. \nAdditional  history:  Reports  continued  throbbing  and  pain  in  right \nhand with no numbness or tingling. Has not been taking prescribed \nmedications,  states  he  took  one  of  them  but  did  not  feel  it  was \neffective and no longer took anything else. Worse with movement, \nreports resolved with rest. Back pain resolved. \n \n*** \nEXAMINATION \n*** \nRight  Hand:  An  open  wound  is  not  present.  An  abrasion  is  not \npresent.  Swelling  is  not  present.  Strength  is  limited.  The  hand \nexamination  is  normal,  dorsal  surface,  Erythema  is  not  present. \nPain  on  motion  is  present  over  the  4\nth\n  metacarpal,  dorsal  surface, \nPain  on  motion  is  present  over  the  5\nth\n  metacarpal,  dorsal  surface, \nPain to palpation is not present. \n \n*** \nDIAGNOSIS \n2. Pain in right hand (M79.641) \n3. pain in right finger(s) (M79.644) \n \nDISCUSSION \nThis is the follow up visit for this hand injury.  It is recommended \nhe start taking the  NSAID as prescribed  and the  muscle relaxer at \nbedtime.  Frank  received  a  copy  of  the  ‘Visit  Summary  and \nInstructions’. He was given an opportunity to  ask  questions  about \nhis care. He verbalized understanding. \n \nPLAN OF CARE \nComments   Restrictions   provided.   NSAID   as   prescribed   and \nTylenol as needed  for pain. Muscle relaxer at night. Contrast bath \nto right hand. \n \n*** \nIMAGING STUDIES \nX-Ray Results: repeat x-ray right hand – no abnormal findings. \n \nMEDICAL CAUSATION \nThe cause of this problem is related to work activities. \n\nBowdoin – H206137 \n \n-9- \n \nRECOMMENDED WORK STATUS \nFrank’s   recommended   work   status   is   Restricted   Duty.   The \neffective date for this work status is 7/11/2022. \n \nRECOMMENDED ACTIVITY RESTRICTIONS \nRight Hand: Lifting should not be performed. Grasping may not be \nperformed. Limit use right hand, Splint should be used. \n \nAFTERCARE INSTRUCTIONS \nRestrictions  continued  for  right  hand.  Restrictions  lifted  for  back. \nRecommend  prescribed  NSAID  twice  daily  and  muscle  relaxer  at \nnight. Contrast baths. \nFollow up here in 1 week. Contact us if you have any questions or \nproblems. \n \n On  July  28,  2022,  the  claimant  was  again  seen  at  the  Occupational  Medicine  Clinic  by \nTawni Glander, APN. Following is a portion of that medical record: \nCHIEF COMPLAINT \nRight hand \n \nPATIENT DESCRIPTION OF ACCIDENT \nFrank  slipped  in  the  bathroom  causing  him  to  fall  on  right  hand \ncausing hand. \n \nHISTORY OF PRESENT ILLNESS \nFrank’s  primary  problem  is  pain  located  in  the  right  hand.  He \ndescribes it as throbbing. The problem began on 7/11/2022. Frank \nsays that it seems to be variable – depending on the activity level. \nHe  has  noticed  that  it  is  made  worse  by  moving  it.  He  feels  it  is \nimproving   slightly.   His   pain   level   is   4.   Additional   History: \nImproved,   throbbing   with   movement   or   use   of   right   hand, \ncontinues to report numbness to 4\nth\n and 5\nth\n digits of right hand. He \nhas  not  been  using  brace  with  activity  as  instructed,  he  states  he \nhas  not  been  back  to  work  since  injury  date.  He  did  take  the \nprescribed medication and reports improvement with NSAID use. \n \n*** \nEXAMINATION \n*** \nRight  Hand:  An  open  wound  is  not  present.  An  abrasion  is  not \npresent.  Swelling  is  not  present.  Strength  is  limited.  The  hand \nexamination  is  normal,  dorsal  surface,  Erythema  is  not  present. \n\nBowdoin – H206137 \n \n-10- \nPain  on  motion  is  present  over  the  4\nth\n  metacarpal,  dorsal  surface, \nPain  on  motion  is  present  over  the  5\nth\n  metacarpal,  dorsal  surface, \nPain to palpation is not present. \n \n*** \nDIAGNOSIS \n1. Pain in right hand (M79.641) \n2. Pain in right finger(s) (M79.644) \n \nDISCUSSION \nThis is the follow up visit for this hand injury.  It is recommended \nhe continue taking the NSAID as prescribed and the muscle relaxer \nat  bedtime  if  needed.  It  is  recommended  that  he  use  the  provided \nbrace for any activity with right hand. Frank received a copy of the \n‘Visit Summary and Instructions’. He was given an opportunity to \nask questions about his care. He verbalized understanding. \n \nPLAN OF CARE \nComments Brace with any use of right hand. \n \nMEDICAL CAUSATION \nThe cause of this problem is related to work activities. \n \nRECOMMENDED WORK STATUS \nFrank’s   recommended   work   status   is   Restricted   Duty.   The \neffective date for this work status is 7/11/2022. \n \nRECOMMENDED ACTIVITY RESTRICTIONS \nRight Hand: Lifting should not be performed. Grasping may not be \nperformed. Limit use right hand, Splint should be used. \n \nAFTERCARE INSTRUCTIONS \nContinue  prescribed  NSAID  twice  daily  and  muscle  relaxer  at \nnight.  Contrast  baths.  Needs  to  use  brace  with  any  use  of  right \nhand.  Follow  up  here  in  2  weeks.  Contact  us  if  you  have  any \nquestions or problems. \n \n On August 11, 2022, the claimant was again seen by Tawni Glander, APN. Following is \na portion of that medical record: \nCHIEF COMPLAINT \nRight hand \n \nPATIENT DESCRIPTION OF ACCIDENT \n\nBowdoin – H206137 \n \n-11- \nFrank  slipped  in  the  bathroom  causing  him  to  fall  on  right  hand \ncausing hand. \n \nHISTORY OF PRESENT ILLNESS \nFrank’s  primary  problem  is  pain  located  in  the  right  hand.  He \ndescribes it as throbbing. The problem began on 7/11/2022. Frank \nsays that it seems to be variable – depending on the activity level. \nHe  has  noticed  that  it  is  made  worse  by  moving  it.  He  feels  it  is \nimproving slightly. His pain level is 0. Additional History: Reports \nno   improvement,   continues   to   throb   with   movement,   reports \ndifficulty  flexing  4\nth\n  and  5\nth\n  digits,  unable  to  make  a  fist  due  to \npain and throbbing, continued numbness to 4\nth\n and 5\nth\n digits. He is \nnot  using  brace  or  splint  of  any  kind,  no  longer  doing  any  work \nactivities, he is limiting use of right hand at home. \n \n*** \nEXAMINATION \n*** \nRight  Hand:  An  open  wound  is  not  present.  An  abrasion  is  not \npresent.  Swelling  is  not  present.  Strength  is  limited.  The  hand \nexamination  is  normal,  dorsal  surface,  Erythema  is  not  present. \nPain on motion is present over 4\nth\n metacarpal, dorsal surface, Pain \non motion is present over the 5\nth\n metacarpal, dorsal surface, Pain to \npalpation is not present. \n \n*** \nDIAGNOSIS \n1. Pain in right hand (79.641) \n2. Pain in right finger(s) (M79.644) \n \nDISCUSSION \nThis  is  the  follow  up  visit  for  this  hand  injury.  Due  to  reported \nlimitation  of  movement  and  ROM  we  will  start  PT  for  his  right \nhand and fingers to gain improved mobility. \n \nPLAN OF CARE \nComments Brace with any use of right hand. \n \nMEDICAL CAUSATION \nThe cause of this problem is related to work activities. \n \nRECOMMENDED WORK STATUS \nFrank’s   recommended   work   status   is   Restricted   Duty.   The \neffective date of this work status is 7/11/2022. \n \n\nBowdoin – H206137 \n \n-12- \nRECOMMENDED ACTIVITY RESTRICTIONS \nRight Hand: Lifting should not be performed. Grasping may not be \nperformed. Limit use right hand, Splint should be used. \n \nAFTERCARE INSTRUCTIONS \nFollow up in 3 weeks. \n \nThe  claimant’s  right  hand  continued  to  be  restricted  and  was  placed  in  a  splint.  The  claimant \nwas,  at  that  time,  referred  to  physical  therapy.  The  claimant  began  physical  therapy  on  August \n17,  2022,  at  Fort  Smith  Hand  Therapy  and  had  six  physical  therapy  sessions,  of  which  his  last \noccurred on August 21, 2022. \n The claimant eventually  underwent  an MRI of his right hand without contrast at Baptist \nHealth  on  February  23,  2023.  Following  is  a  portion  of  that  diagnostic  report  authored  by  Dr. \nEira Roth: \nIMPRESSION: \n1.  Technically  suboptimal  exam  due  to  failed  fat  saturation  across \nthe thumb and thenar soft tissues. Within these confines there is no \ndefinite evidence of acute injury. However if there continues to be \na  strong  index  of  clinical  suspicion  consider  correlation  with \nconventional   CT   for   a   more   detailed   assessment   of   cortical \nintegrity. \n \n2.  Thickened  edematous  flexor  tendons  to  the  2\nnd\n  and  3\nrd\n  digits \nsuggesting tendinopathy versus a strain. Correlate clinically. \n \n3. Background conventional osteoarthritis. \n \n It is the claimant’s burden to prove by a preponderance of the evidence that he sustained \ncompensable injuries to his right  hand and right wrist on or about July 11,  2022. In order to do \nso,  the  claimant  must  show  evidence  of  objective  medical  findings  regarding  the  injuries  he \nalleges.  In  review  of  the  evidence  admitted  into  the  record  in  this  matter,  I  find  no  objective \nmedical evidence or findings regarding the claimant’s right wrist. As such, the claimant is unable \nto prove a compensable right wrist injury as he alleges. \n\nBowdoin – H206137 \n \n-13- \n The  claimant  is  able  to  prove  the  existence  of  objective  medical  evidence  regarding  his \nright  hand.  The  medical  report  from  the  claimant’s  July  11,  2022,  visit  to  the  Occupational \nMedicine  Clinic  with  Tawni  Glander,  APN,  found  at  Respondents’  Exhibit  1,  page  2,  in  the \n“EXAMINATION”  section  and  the  subsection “Right  Hand,”  specifically  states  in  part “A \nlaceration is present over the hand, dorsal surface, Erythema is not present. Its surfaces are clean, \nSensation distal to the wound is normal, At its deepest it extends through the dermis and into the \nsubcutaneous  layer,  Motor  function  distal  to  the  wound  is  normal,  The  skin  edges  are  smooth, \nThe laceration is 3 centimeters long.” The claimant has proven the existence of objective medical \nfindings regarding his right hand. The claimant must also prove a causal connection between the \nobjective medical evidence of a right-hand injury and the July 11, 2022, incident he alleges. \n The claimant testified that while on a break from his orientation he left the building to get \nsome fresh air. Then on his return to orientation stopped to use the restroom. After the claimant \nhad  completed  defecating,  he  stood  up,  secured  his  clothing,  and  fell  as  he  moved  toward  the \nlavatory.  It  is  in  this  fall  he  alleges  his  right-hand injury  to  have  occurred.  The  claimant’s \ndeposition and hearing testimony are generally consistent with the medical records and incident \nreport  submitted  into  evidence  regarding  the  events  of  and  surrounding  the  falling  incident. \nGiven  those  documents  and  the  claimant’s  testimony,  I  find  the  claimant  can  prove  a  causal \nconnection  between  his  objective  evidence  of a  right-hand  injury  and  the  restroom  falling \nincident he alleges on July 11, 2022. The claimant in this matter is able to prove that he sustained \na compensable right-hand injury on July 11, 2022, when he fell in the restroom.  \n The  claimant  has  asked  the  Commission  to  determine  whether  he  is  entitled  to  medical \ntreatment for his right hand and right wrist. The claimant is not entitled to medical treatment for \nhis  right  wrist  as  the  claimant  has  failed  to  prove  by  a  preponderance  of  the  evidence  that  he \n\nBowdoin – H206137 \n \n-14- \nsuffered a compensable right wrist injury on or about July 11, 2022. The claimant  is entitled to \nreasonable  necessary  medical  treatment  for  his  compensable  right  hand  injury.  The  medical \nevidence  submitted  into  the  record  regarding  the  claimant’s  right  hand  is  reasonable  necessary \nmedical   treatment   for   his   compensable   right   hand   injury.   The   claimant   is   entitled   to \nreimbursement  for  any  out-of-pocket  expenses  regarding  medical  treatment  submitted  into  the \nhearing record as it is all reasonable necessary treatment for his compensable right hand injury. \n The claimant has asked the Commission to determine if he is  entitled to temporary total \ndisability benefits from July 12, 2022, to a date yet to be determined. The claimant was placed on \nactivity  restrictions  on  July  11,  2022,  the  day  of  the  incident,  by  Tawni  Glander,  APN  at \nOccupational Medicine  Clinic.  The  claimant  was  given  the  following  right-hand  restrictions  at \nthat  time, “Grasping  may  not  be  performed.  Lifting  should  not  performed.  Should  keep  wound \nclean  and  dry.”  It  is  clear  the  claimant  was  placed  on  restrictive  duty  on  the  same  day  as  his \ncompensable  right-hand  injury.  The  claimant  remained  on  work  restriction  and  on  August  11, \n2022,  when  he  again  saw  Tawni  Glander,  APN,  he  had  restrictive  duty  with  the  limitations  of \n“Lifting  should  not  be  performed.  Grasping  may  not  be  performed.  Limit  use  right  hand,  splint \nshould be used.” \n The  claimant’s  testimony  is  unequivocable  that  he  was  offered  light  duty  work  and  did \nnot  accept  or  attempt  to  do  so.  On  direct  examination,  the  claimant  was  questioned  about  light \nduty work as follows: \nQ Now,    did    they    offer    you    light    duty    within    those \nrestrictions? \n \nA Yes, they did, but I told them my hand hurt so much – \n \nQ Just  slow  it  down.  They  did  offer  you  light  duty  within \nthose restrictions? \n\nBowdoin – H206137 \n \n-15- \n \nA Yes. \n \nQ Did you take it? \n \nA No. \n \nQ Why didn’t you take it? \n \nA Because  my  had  throbbed  continuously  so  I  couldn’t  even \nconcentrate on doing anything. \n \n On cross examination, the claimant was questioned about light duty as follows: \nQ Okay. And you told Mr. Ellig they offered you light duty? \n \nA Yes. \n \nQ And you just told them you weren’t going to do it? \n \nA I was in too much pain to do it. \n \nQ Well, did you accept the light duty? \n \nA I never accepted it, no. \n \nQ Did you try? \n \nA No, I didn’t try it. \n \nQ Okay. \n \nA I  didn’t  understand  why  they  would  want  me  there  in  so \nmuch pain. How could I concentrate on doing anything? \n \n The claimant’s pain level is reported in many of his medical records. I believe this to be a \npain  scale  of  0  to  10,  with  10  being  the  worst  pain.  On  July  11,  2022,  the  claimant  reported  a \npain  level  of  5,  on  July  21,  2022,  a  pain  level  of  8,  on  July  28,  2022, a  pain  level  of  4,  and  on \nAugust  11,  2022,  a  pain  level  of  0.  The  claimant  was  recommended  to  take  two  500  mg \nacetaminophen tablets every six hours as needed for pain on July 11, 2022. On July 21, 2022, the \n\nBowdoin – H206137 \n \n-16- \nclaimant was told to take Tylenol as needed for pain. On July 28, 2022, and August 11, 2022, no \npain medication for the claimant’s right hand was recommended. It should be noted that NSAIDs \nand muscle relaxers were prescribed or recommended to the claimant, but those appear to be for \na low back injury that was not considered in this matter.  \n A.C.A. §11-9-526 states: \nIf any injured employee  refuses  employment suitable to his or her \ncapacity  offered  to  or  procured  for  him  or  her,  he  or  she  shall  not \nbe  entitled  to  any  compensation  during  the  continuance  of  the \nrefusal,  unless  in  the  opinion  of  the  Workers’  Compensation \nCommission, the refusal is justifiable. \n \n In  the  present  matter,  the  claimant  did  not  accept  or  even  attempt  to  participate  in  the \nlight duty work offered by the respondent. Given the medical records regarding what appears to \nbe a straightforward laceration of the claimant’s right hand and pain levels described in medical \nrecords, I find the claimant refused  employment suitable to his capacity that was offered by the \nrespondent.  As  such,  the  claimant  is  not  entitled  to  temporary  total  disability  benefits  under \nA.C.A. §11-9-526. \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  his  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 \nFebruary  27,  2023,  and  contained  in  a  Pre-hearing  Order  filed  February  28,  2023,  are  hereby \naccepted as fact. \n\nBowdoin – H206137 \n \n-17- \n 2. The claimant has failed to prove by a preponderance of the evidence that he sustained a \ncompensable injury to his right wrist on or about July 11, 2022. \n 3.  The  claimant  has  proven  by  a  preponderance  of  the  evidence  that  he  sustained  a \ncompensable injury to his right hand on or about July 11, 2022. \n 4. The claimant has failed to prove by a preponderance of the evidence that he is entitled \nto  medical  treatment  for  his  alleged  right  wrist  injury  as  he  has  failed  to  prove  that  it  is  a \ncompensable injury. \n 5.  The  claimant  has  proven  by  a  preponderance  of  the  evidence  that  he is  entitled  to \nreasonable necessary medical treatment for his compensable right hand injury. \n 6. The claimant has failed to prove by a preponderance of the evidence that he is entitled \nto  temporary  total  disability  benefits  from  July  12,  2022,  to  a  date  yet  to  be  determined,  as  the \nclaimant  is  barred  from  temporary  total  disability  benefits  as  he  has  refused  employment  under \nA.C.A. §11-9-526. \n 7. The claimant has failed to prove that his attorney is entitled to an attorney’s fee in this \nmatter  as  no  indemnity  benefits  have  been  awarded  as  required  by  the  Arkansas  Workers’ \nCompensation Act. \n 8.  The  request  to  determine  the  claimant’s  compensation  rates  is  moot  as  no  indemnity \nbenefits have been awarded in this matter. \n ORDER \nThe  respondent  shall  pay  for  the  reasonable  necessary  medical  treatment  regarding  the \nclaimant’s  compensable  right  hand  injury  which  occurred  on  or  about  July  11,  2022.  The \nrespondents  shall  also  pay  any  out-of-pocket  expenses  incurred  by  the  claimant  regarding  his \nreasonable necessary medical treatment for his compensable right hand injury. \n\nBowdoin – H206137 \n \n-18- \n All benefits herein awarded which have heretofore accrued are payable in a lump sum \nwithout discount. \n This award shall bear the maximum legal rate of interest until paid. \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 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. H206137 FRANK BOWDOIN, Employee CLAIMANT OK FOODS, INC., Employer RESPONDENT OK FOODS, INC., Carrier RESPONDENT OPINION FILED JULY 18, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas. Claimant represented...","fetched_at":"2026-05-19T23:05:18.746Z","links":{"html":"/opinions/alj-H206137-2023-07-18","pdf":"https://labor.arkansas.gov/wp-content/uploads//BOWDOIN_FRANK_H206137_20230718.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}