{"id":"alj-H206776-2023-07-10","awcc_number":"H206776","decision_date":"2023-07-10","opinion_type":"alj","claimant_name":"Ennelida Zapet","employer_name":"Tyson Poultry","title":"ZAPET VS. TYSON POULTRY AWCC# H206776 JULY 10, 2023","outcome":"granted","outcome_keywords":["granted:4"],"injury_keywords":["wrist","carpal tunnel","shoulder","neck","back","repetitive"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/ZAPET_ENNELIDA_H206776_20230710.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"ZAPET_ENNELIDA_H206776_20230710.pdf","text_length":30267,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H206773 \n \nENNELIDA ZAPET, Employee CLAIMANT \n \nTYSON POULTRY, Employer RESPONDENT \n \nTYNET, Carrier RESPONDENT \n \n \n \n OPINION FILED JULY 10, 2023 \n \nHearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, \nWashington County, Arkansas. \n \nClaimant represented by EVELYN E. BROOKS, Attorney at Law, Fayetteville, Arkansas. \n \nRespondents represented by JEREMY SWEARINGEN, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n On April 11, 2023, the above captioned claim came on for a hearing at Springdale, \nArkansas. A pre-hearing conference was conducted on November 28, 2022, and a Pre-hearing \nOrder was filed on November 29, 2022. 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 October \n1, 2021. \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\nZapet – H206773 \n \n-2- \n 1. Whether Claimant sustained a compensable injury to her bilateral hands and wrists on \nor about October 1, 2021. \n 2. Whether Claimant is entitled to medical treatment for her bilateral hand and wrist \ninjury. \n 3. Respondents raise lack of notice as a defense in that the September 20, 2022, AR-C \nwas the first notice of any alleged work-related injury. \n Claimant’s contentions are: \n“Claimant contends she is entitled to treatment for her hands and \nwrists.” \n \n Respondents’ contentions are: \n \n“A. Respondent contends that the Claimant has offered no proof at \nall of her alleged bilateral CTS condition, or that such alleged \ncondition was caused by her work. The Claimant has offered no \nobjective medical findings of bilateral CTS, and the Claimant has \nnot shared any medical records with Respondent which support \nsuch a diagnosis. \n \nB. Respondent has no notice of any alleged bilateral CTS condition \nbeing claimed as work-related until the Claimant’s counsel \nsubmitted a prehearing filing and AR-C on 9-20-22, not received \nby Respondent until 9-23-22 or 9-26-22. Thus, even if the claim \nwere somehow found to be compensable, Respondent would not be \nliable for any benefits incurred or accrued before the date such \nnotice was received.” \n \n The claimant in this matter is a 50-year-old female who alleges to have sustained bilateral \nhand and wrist injuries in the form of carpal tunnel syndrome on or about October 1, 2021. The \nclaimant was at the time of her alleged injuries, a production line worker for the respondent in \none of its chicken processing facilities. The claimant had worked for the respondent processing \nchickens for multiple years. At the hearing the claimant gave direct examination testimony about \nher alleged injuries and her reporting of those injuries as follows: \n\nZapet – H206773 \n \n-3- \nQ And in October of 2021, what problems did you start \nhaving with your hands? \n \nA I couldn’t keep pulling and cutting with a knife. It was like \nthe strength in my hands was gone. \n \nQ And did you have any other symptoms in your hands at that \ntime other than the loss of strength? \n \nA My hands were numb, going to sleep. \n \nQ Did you report those problems to the Tyson nurse? \n \nA Yes. \n \nQ And did you also report problems having pain in your arms \nand shoulders? \n \nA Yes. \n \nQ Did the nurse do anything for you to help your problems \nwith your hands? \n \nA She just put a bag of cold water on me. \n \nQ So how often would you go in for the treatment, the cold \ntreatment? \n \nA They told me that I could come in every day for that until I \nsaw a doctor. \n \nQ And did they ever send you to a doctor? \n \nA No. \n \nQ So what did you do? \n \nA They just kept me working on the same line. \n \nQ And what did you do about seeing a doctor when Tyson did \nnot send you? \n \nA I kept asking them. I insisted and they just kept saying that \nthey couldn’t get an appointment; that the doctor wasn’t \nanswering. \n\nZapet – H206773 \n \n-4- \n \nQ So at some point did you go to a doctor on your own? \n \nA Yes. \n \nQ And where did you first go for treatment? \n \nA The hospital in Berryville in February of 2022. \n \n The respondent in this matter introduced a document found at Respondents’ Exhibit 2, \npage 4 that is titled “Team Member Statement of Injury/Illness.” That statement was signed by \nthe claimant and provides information about her reporting of an injury on October 2, 2021. The \nquestions on the form are typed, but the responses are filled out in handwriting. I note that the \nhandwriting is in English, and that the claimant does not write or speak English fluently. It was \nher testimony that she did not write the words on this statement. One of the questions asked \nstates, “Describe fully how the injury happened (or what your pain or problem is)?” The \nhandwritten response is, “As I was pulling breasts I got pain in both shoulders but especially the \nleft shoulder.” Another question on the form asks, “What part of your body was injured?” The \nhandwritten portion states, “Left shoulder/right shoulder.” There are two images of the human \nform addressing the locations of the claimant’s pain or problems. There are marks over what I \nwould term as the shoulder and a portion of the neck area of the claimant. That report also \nindicates the injury was reported on October 2, 2021, and that the claimant reported it to a \nsupervisor. On that same day, October 2, 2021, a Form AR-N was at least partially filled in. I’ll \nnote that on this Form AR-N the questions are printed in English, however, the responses to two \nof the questions are answered in Spanish. Following is a portion of the hearing transcript at \nwhich time the interpreter in this matter interprets those English questions and Spanish answers \non this AR-N found at Respondents Exhibit 2, page 2, as follows: \n\nZapet – H206773 \n \n-5- \nTHE INTERPRETER: This section right here? \n \nTHE COURT: Yes, ma’am. \n \nTHE INTERPRETER: Okay. The question is, “What part of your \nbody was injured?” And the handwritten response is, “Both \nshoulders, right and left.” \n \nAnd then the form asks, “Briefly discuss the cause of injury.” And \nagain, the handwritten response is, “When I pull down the breasts.” \n \n Nursing notes from the respondent/employer were also introduced into evidence. Some \nnursing notes were introduced into evidence by the respondent, others by the claimant. At \nClaimant’s Exhibit 2, page 1, there is a nursing note from October 5, 2021. That note states: \nTM to OHS for bilateral shoulder pain. Pain level today is 4/10. \nCold applied to both shoulders for 15 minutes with pain level now \n2/10. TM returned to full duty and will return 10/6/21 @ 0900 or \nsooner if needed. TM denies need of biofreeze or oral meds at this \ntime. \n \n The respondent also introduced a Team Member Statement dated January 12, 2022. That \nTeam Member Statement is found at Respondents’ Exhibit 2, page 3. Again, all the questions \nthat are printed are asked in English and the responses are handwritten in English. A question on \nthe form asks, “Describe in detail the job you were doing at the time of the injury (or what is \ncausing your pain or problem)?” The handwritten response is, “Pulling breast.” Another question \nasks, “Describe fully how the injury happened (or what your pain or problem is)?” The \nhandwritten response is, “The line is very fast.” Another question asks, “What machines, tools, \nsubstances and/or objects were involved in the injury (or in your pain or problem)?” The \nhandwritten response is, “Pulls with hands.” There are also two images of the human form \naddressing the locations of the claimant’s pain or problems. On this form there are Xs made on \nthe claimant’s shoulders. This document was signed by the claimant in this matter. A Form AR-\n\nZapet – H206773 \n \n-6- \nN was also completed on January 12, 2022. That form is an English form. The printed questions \nare in English, and the handwritten responses are in English, as well. This form was signed by \nthe claimant. It appears that the claimant’s signature is dated January 13, 2022, while the date the \nemployer was notified of the accident is January 12, 2022. Questions indicate, “What part of \nyour body was injured?” The handwritten response, “Both shoulders.” Another question, \n“Briefly discuss the cause of injury.” The handwritten response, “Pulling breast, strained \nshoulders.” A nursing note is also found at Claimant’s Exhibit 2, page 1, regarding that same \nJanuary 12, 2022, date. Following is a portion of that report: \nSubjective: TM reports to OHS complaining of pain in bilateral \nshoulders. Pain level 9/10. \n \nObjective: TM arrives to OHS with SV Ken Kerner complaining of \nbilateral shoulder pain. \n \nAssessment: No swelling, redness or discoloration noted. TM \nexhibits full range of motion. \n \nPlan: Cold application x 15 minutes 2-3 times daily; return to \nregular duties; return to OHS 12/13/2022 at start of shift for follow \nup. \n \nIntervention: Cold application x 15 minutes to bilateral shoulders. \n \nEvaluation: TM returns to regular duties. TM to return to OHS \n12/13/22 prior to shift start. \n \n It appears from those nursing notes that the claimant continued to return to the nursing \nstation on January 18, 2022, January 20, 2022, and then on January 24, 2022, the nursing note \nstates, “The claimant is no longer having shoulder pain.” The claimant was released to return as \nneeded. On February 22, 2022, the claimant is again seen at the respondent’s nursing station. \nFollowing is a portion of that record, found at Claimant’s Exhibit 2, page 1, and continued onto \npage 2: \n\nZapet – H206773 \n \n-7- \nSubjective: TM to OHS with SV K. Kerner with complaint of pain \nin her upper back while pulling breasts. TM Has had problems \nwith her upper back and left shoulder before since 2019. TM \nreports that it started hurting when she had to cover her co worker \nwhile she was on break. Pain level 4/10. TM wishes to sign \nDeclination of treatment and go to her own Dr. \n \nObjective: Pain from the base of the neck down to mid back. Pain \nmoves to left shoulder at times. \n \nAssessment: TM with full ROM. \n \nPlan: TM to return as needed. \n \nIntervention: No intervention. \n \nEvaluation: TM signed Statement of declination and left in care of \nSV K. Kerner. \n \n It is the claimant’s testimony that she was unable to get the treatment she needed from the \nrespondent and that the claimant sought treatment on her own. Apparently, the claimant was seen \nat the Berryville Hospital Emergency Department on February 23, 2022. I note that there is no \nmedical record regarding that visit other than a work restriction note found at Claimant’s Exhibit \n1, page 2. That note does not indicate what body part was injured or restricted. It does say, in a \nportion of that report, “Work restrictions (if applicable); left, right.” That restriction document \nalso limits the claimant to 5 lbs. of lifting in her upper extremities for one week and the claimant \nwas released to return to work on February 28, 2022. \n The first medical record that we have, other than the respondent’s nursing notes and the \nrestriction note from the Berryville Hospital Emergency Department, is a Mercy Clinic of \nBerryville medical record at which time the claimant was seen by Dr. Jonathan Fausett. \nFollowing is a portion of that medical record: \n48 y.o. female \nA/P \n\nZapet – H206773 \n \n-8- \nNeck pain with carpal tunnel symptoms \n-Hxn of breast cancer with almost a year since PET scan and poor \ncompliance with tamoxifen concerning for bone met. Will do MRI. \n-Consider EMG \n-provided with wrist splints \n-tamoxifen used inconsistently but can contribute to numbness \n-encouraged to consider nerve health based vitamins like B \nvitamins and folate \n-has had an abnormal TSH in past, will repeat \n-cbc to check for anemia \n-nerve impingement most likely diagnosis due to manner of work \nbut at risk of other physiological causes \n \n*** \nHPI \n48 y.o. female presenting for follow up ER visit for neck pain. \nSubjective weakness reported at the time but normal strength on \nexam. No red flag symptoms noted at the time. Overall symptoms \nprogressing since October. “Fire and numbness” in hands. Worse \nwhen pulling downward at work. Right hand dominant. \n \nContinues to be obese with weight similar to previous. \nDoes have hxn of breast cancer. Last PET early last year. Still on \ntamoxifen. No chemo txn. Periodic use of tamoxifen, symptoms \npredate most recent resuming of meds. \n \nDenies fever, chills, bowel/bladder incontinence. \n \nThe claimant had previously dealt with breast cancer. However, Dr. Fausett’s medical record \ndoes indicate neck pain with carpal tunnel symptoms at this time. It should be noted that later in \nthe medical records it is determined that the claimant’s current symptomology does not involve a \nrecurrence or the existence of cancer. However, medical records indicate that was of great \nconcern when the claimant was originally being diagnosed. \n The claimant is again seen by Dr. Fausett on May 5, 2022. Following is a portion of that \nmedical record: \nA/P \n48 y.o. female \n \n\nZapet – H206773 \n \n-9- \nNeck pain with radiation to hands \n-MRI pending. Biggest concern is potential for bone metastasis \nsince hxn of breast cancer and poor compliance with tamoxifen. \n-didn’t respond to wrist splints \n-consider EMG if MRI equivocal \n-gabapentin for “burning” type pain \n \nHPI: \n48 y.o. female \n \nCC \nChronic neck pain \n-does have active job requiring bending over and craning neck. \nHxn of breast cancer with poor compliance with tamoxifen, MRI \npending to eval for spinal stenosis or bone mets. Seen for \nexacerbation by ARPN and given tramadol at that time. Some \nbenefit noted from txn. Continues to have “Burning” in shoulders \nand hands and pain in neck. Some subjective fever and chills. \n \n The claimant during this period of time had been restricted from work and Dr. Fausett \ncompleted a Disability and FMLA Medical Certification for the claimant. Those certifications \nare found at Claimant’s Exhibit 1, pages 3-8. I will note that all of these documents are very \nsimilar in nature and appear just to extend timeframes out. Looking at the document at \nCl aimant’s Exhibit 1, page 3, it appears that the doctor has indicated both illness and injury, and \nunknown as to whether work-related in answer to “Which of the following describes your \npatient’s medical condition (please check all that apply).” I’ll also note that the treatment plan \nprovided on this form is “advanced imaging, wrists splints, TSH/CBC/CMP.” Some places \nwhere you would expect answers, such as “What are your patient’s restrictions?” are left blank, \nand the question as to “What is the medical condition that is causing your patient not to be able \nto work?” is also left blank. Diagnostic codes are available on this document, but it in and of \nitself, does not explain what the claimant’s condition is. \n\nZapet – H206773 \n \n-10- \n The claimant was seen by Dr. Miles Johnson at Northwest Arkansas EMG Clinic to \nundergo a neurological evaluation regarding her complaints of neck pain, bilateral hand pain, \nnumbness, and tingling. Following is a portion of that medical record: \nHISTORY OF PRESENT ILLNESS: Patient is a 48-year-old right-\nhanded female with a 5-month history of neck pain that radiates \ninto the bilateral upper extremities. She has pain, numbness and \ntingling in the hands and first through fifth digits bilaterally. There \nis some grip weakness. Symptoms are often worse at night or with \nrepetitive activity. Some improvement with shaking the \nextremities. Patient has been seen by Dr. Fausett and is referred for \nelectrodiagnostic testing of the bilateral upper extremities. \n \n*** \nSUMMARY: Median motor distal latencies are prolonged \nbilaterally, right worse than left. Amplitudes decreased on the \nright. Ulnar motor study is normal bilaterally. Right medial \northodromic latency difference is abnormal. Median amplitude is \ndecreased. Radial sensory response is normal bilaterally. EMG \nexamination of the bilateral upper extremities revealed reduced \nrecruitment in the APB bilaterally. \n \nASSESSMENT: Bilateral carpal tunnel syndrome. This is severe \non the right and moderately severe on the left. There is no \nelectrodiagnostic evidence of radiculopathy, plexopathy, \ngeneralized peripheral neuropathy or other peripheral nerve \nentrapment syndromes. \n \nPLAN: Patient has been counseled regarding the above findings \nand has been instructed to schedule a followup appointment in \nyour office for further evaluation in order to utilize these results in \nthe treatment/management of their condition. Would recommend \nevaluation for bilateral carpal tunnel releases beginning on the \nright. \n \n The claimant is eventually seen on February 22, 2023, by Dr. Andreas Chen at Mercy \nClinic Northwest Arkansas. Following is a portion of that medical record. \nCHIEF COMPLAINT: Bilateral hand numbness and tingling. \n \nHISTORY OF PRESENT ILLNESS: A 49-year old right-hand \ndominant female, who works at Tyson, who presents today for \n\nZapet – H206773 \n \n-11- \nevaluation of her bilateral upper extremities. She states that she has \npreviously seen Dr. Sidani in Harrison and was told that she \nneeded to be on workman’s comp for her bilateral upper extremity \ntingling. She states that it has been tingling for greater than 1 year. \nIt bothers her when she is at work. She does not sleep very well \nbecause of her tingling. It worsens whenever she drives. She states \nthat it happens in her whole hand. It gets worse whenever she is \ndoing laundry and her dishes. \n \nShe initially states that she had a workman’s compensation \napplication open for this; however, today’s visit is not under \nworkmen’s compensation. I told her that if she wants, we can put it \nunder workmen’s compensation, but she would have to make \nanother visit. If she wishes to proceed without workmen’s \ncompensation, we will even charge her private insurance. We will \nbe unable to get her from private insurance to workmen’s comp if \nshe has not rescheduled her visit today. She wishes to do this under \nprivate insurance since it has been bothering her. \n \n*** \nASSESSMENT: A 49-year-old female with bilateral carpal tunnel \nsyndrome. \n \nPLAN: This was confirmed under physical examination \nelectrodiagnostic testing. She has worn braces and it has not been \nsuccessful to get rid of the carpal tunnel completely. At this point, I \nwould recommend carpal tunnel releases. Risks and benefits of the \nsurgery were discussed with the patient in great detail. The patient \nhas agreed with written informed consent. We will do it at the next \navailable date under general anesthesia. \n \n On March 1, 2023, the claimant underwent bilateral carpal tunnel release. The operative \nreport is found at Claimant’s Exhibit 1, pages 55-56. \n It is the claimant’s burden to prove that she sustained compensable bilateral hand and \nwrist injuries in the form of carpal tunnel syndrome. In order to do so she must be able to prove \nthe existence of objective medical findings. The claimant is able to do so from her June 9, 2022, \nEMG report by Dr. Johnson which found bilateral carpal tunnel syndrome, and Dr. Chen’s \nMarch 1, 2023, operative report. \n\nZapet – H206773 \n \n-12- \n The claimant must also prove a causal connection between those objective medical \nfindings and the injuries she alleges at work. The claimant was certainly using her bilateral upper \nextremities vigorously in her work using her hands to remove chicken breasts from bone in a line \nproduction. The claimant’s Team Member Statement of Injury/Illness, AR-N forms and \nrespondent’s nursing notes are of concern as it appears the claimant’s complaints were \nconsistently in her bilateral upper extremities but focused only on her shoulders bilaterally. \nHowever, they also indicate that injury occurred “while pulling breasts.” The claimant was asked \non cross examination about her complaints being of her bilateral shoulders and not her hands and \nwrists bilaterally as follows: \nQ When you reported your problems to Tyson in October of \n2021, did you indicate to them only that you had problems with \nyour shoulders and not your hands? \n \nA Well, they don’t have anyone there to translate, so I could \njust make signals like this (indicating). \n \n MR. SWEARINGEN: May I approach, Judge? \n \n THE COURT: You may. \n \nQ [BY MR. SWEARINGEN]: Ma’am, I am showing you a \ndocument which is a Team Member Statement of Injury or Illness. \nIs that your signature down on the bottom of this document? \n \nA Yes, but my supervisor was the one that filled all of that \nout. \n \nQ Did you draw on the figure here where your symptoms \nwere located in both shoulders? \n \nA They are the ones that did that. I was the one that was \nmaking a sign like this (indicating), meaning my hands. \n \nQ When you signed the document, if you felt like you had \nsymptoms in your hands, would you not indicate, even on the \ndrawing, some kind of problems in either hand? \n\nZapet – H206773 \n \n-13- \n \nA Well, the thing was that my supervisor was trying to hurry \nme back to the line. They were trying to do this very quickly and \nhurry me back, so I didn’t have time to really look at it. Plus, I was \nin pain. I just wanted to go to the doctor. \n \nQ Ma’am, I am showing you another document dated it looks \nlike January 12\nth\n of 2022. Is this your signature on this document? \n \nA Yes. \n \nQ And this indicates that you reported the problems January \nthe 12\nth\n of 2022? \n \nA Yes. \n \n MS. BROOKS: Excuse me, Jeremy, is this in evidence? \n \n MR. SWEARINGEN: No, I didn’t introduce this \ndocument. It was exchanged in discovery. \n \n MS. BROOKS: I didn’t know you were going to be \nquestioning her off of that. I have nothing to reference. \n \n MR. SWEARINGEN: I can give you a copy of it. You \nhave a copy, though. \n \nQ [BY MR. SWEARINGEN]: Ma’am, on this document \ndated January the 12\nth\n of 2022, did you mark that your problems \nwere in both shoulders, but not in your hands? \n \nA Well, I was in pain. My whole body was in pain, this whole \narea (indicating). You just don’t know how much pain I was in. \nAnd I told them that, but they just marked that. \n \nQ But yet you still signed it? \n \nA Yes, because they always said, “Just sign it quickly. Be \nquick about it so we can get back to the line.” \n \nQ I am showing you another document which is a Form N \ndated October 2, 2021. And is this your handwriting? \n \nA Yes. \n \n\nZapet – H206773 \n \n-14- \nQ And I don’t speak Spanish but it looks like the – and the \nform is in Spanish; is that correct? \n \nA Yes. \n \nQ And where it asks about what body part was injured, it \nlooks like it says, “Los ombros derecho y izquierdo,” which in my \nbroken Spanish soulds like the shoulders, right and left. Is that \ncorrect? \n \nA Yes, but for me shoulders means the whole arm. \n \n*** \nQ [BY MR. SWEARINGEN:] So, ma’am, is it your \ntestimony that when you wrote shoulders, you meant to include \nyour entire arms on both sides? \n \nA Yes, the whole arm. \n \n The claimant’s first actual medical record that recounts symptomology and possible \ndiagnosis is the claimant’s visit with Dr. Fausett, who speaks Spanish, on March 16, 2022, and \nthat record reflects “neck pain with carpal tunnel symptoms.” It appears that when the claimant \nmade complaints to the respondent something was lost in translation or understanding of her \ncomplaints. The claimant was “pulling breasts” when she was injured, which was communicated \nbut her complaints were not understood or simply ignored. Dr. Fausett, at his first visit with the \nclaimant, was able to understand and document the claimant’s bilateral carpal tunnel symptoms \nthat were later proven correct through diagnostic testing and surgical intervention. Here, the \nclaimant is able to prove a causal connection between her work “pulling breasts” and her \nobjective medical findings. The claimant able to prove by a preponderance of the evidence that \nshe sustained compensable bilateral carpal tunnel syndrome to her hands and wrists. \n The respondent in this matter has raised the Notice Defense in that the September 20, \n2022, AR-C filed by the claimant was the first notice of any alleged work-related injury. The \n\nZapet – H206773 \n \n-15- \nclaimant clearly alleged in documents the respondent provided to her that she was injured at \nwork “pulling breasts” as early as October 2, 2021. As stated above in the discussion of \ncausation, the claimant’s lack of English speaking and writing ability caused confusion in the \nunderstanding of the claimant’s complaints. When paired with a Spanish speaking medical \nprovider, the claimant in her first visit described bilateral carpal tunnel syndrome symptoms. I \nfind that the respondent was put on notice at that time, in October 2021, when the claimant \nalleged injury “pulling breasts.” While diagnosis of bilateral carpal tunnel syndrome took time, \nwhich was lengthened and complicated by the claimant’s previous breast cancer diagnosis, it did \nimmediately get underway when communication was clear. The respondent was placed in a \nposition to have reasonable notice when the claimant explained or communicated in the only \nmanner she could. I find the claimant’s testimony credible that she did as much. \n The claimant has asked the Commission to determine if she is entitled to medical \ntreatment for her bilateral carpal tunnel syndrome. The claimant is entitled to reasonable and \nnecessary medical treatment for her compensable bilateral carpal tunnel syndrome and its \ndiagnosis. The claimant is also entitled to reimbursement of out-of-pocket expenses for that \nreasonable and necessary medical treatment. \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 her demeanor, the following findings of fact and conclusions of law \nare made in accordance with A.C.A. §11-9-704: \n \n \n \n\nZapet – H206773 \n \n-16- \n FINDINGS OF FACT & CONCLUSIONS OF LAW \n 1. The stipulations agreed to by the parties at the pre-hearing conference conducted on \nNovember 28, 2022, and contained in a Pre-hearing Order filed November 29, 2022, are hereby \naccepted as fact. \n 2. The claimant has proven by a preponderance of the evidence that she sustained a \ncompensable injury to her bilateral hands and wrists on or about October 1, 2021; that injury \nspecifically being in the form of bilateral carpal tunnel syndrome. \n 3. The claimant has proven by a preponderance of the evidence that she is entitled to \nreasonable and necessary medical treatment for her compensable bilateral carpal tunnel \nsyndrome. \n 4. The respondent is unable to prove the lack of notice defense in this matter. \n ORDER \nThe respondents shall pay for the reasonable and necessary medical treatment regarding \nthe claimant’s compensable bilateral carpal tunnel syndrome. The respondents shall also \nreimburse the claimant for any out-of-pocket medical expenses regarding that reasonable and \nnecessary medical treatment. \nPursuant to A.C.A. §11-9-715(a)(1)(B)(ii), attorney fees are awarded “only on the \namount of compensation for indemnity benefits controverted and awarded.” Here, no indemnity \nbenefits were controverted and awarded; therefore, no attorney fee has been awarded. Instead, \nclaimant’s attorney is free to voluntarily contract with the medical providers pursuant to A.C.A. \n§11-9-715(a)(4). \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\nZapet – H206773 \n \n-17- \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. H206773 ENNELIDA ZAPET, Employee CLAIMANT TYSON POULTRY, Employer RESPONDENT TYNET, Carrier RESPONDENT OPINION FILED JULY 10, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas. Claimant represented by EVEL...","fetched_at":"2026-05-19T23:05:04.178Z","links":{"html":"/opinions/alj-H206776-2023-07-10","pdf":"https://labor.arkansas.gov/wp-content/uploads/ZAPET_ENNELIDA_H206776_20230710.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}