{"id":"alj-H207304-2025-10-07","awcc_number":"H207304","decision_date":"2025-10-07","opinion_type":"alj","claimant_name":"Michael Schneider","employer_name":"Hiland Dairy Foods Co., LLC","title":"SCHNEIDER VS. HILAND DAIRY FOODS CO., LLC AWCC# H207304 October 07, 2025","outcome":"granted","outcome_keywords":["granted:4"],"injury_keywords":["back","fracture","wrist"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SCHNEIDER_MICHAEL_H207304_20251007.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SCHNEIDER_MICHAEL_H207304_20251007.pdf","text_length":18483,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H207304 \n \nMICHAEL SCHNEIDER, Employee CLAIMANT \n \nHILAND DAIRY FOODS CO., LLC, Employer RESPONDENT \n \nCCMSI, Carrier RESPONDENT \n \n \n OPINION FILED OCTOBER 7, 2025 \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 ERIC NEWKIRK, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n On July  15,  2025,  the  above  captioned  claim  came  on  for  a  hearing  at  Springdale, \nArkansas.   A pre-hearing conference was conducted on April 14, 2025, and a Pre-hearing Order \nwas filed on April 15, 2025.   A copy of the Pre-hearing Order has been  marked Commission's \nExhibit 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 \nSeptember 28, 2022. \n 3. The claimant sustained a compensable right thumb injury on or about September 28, \n2022. \n By agreement of the parties the issues to litigate are limited to the following: \n\nSchneider – H207304 \n \n-2- \n 1. Whether Claimant is entitled to additional medical treatment for his compensable right \nthumb injury. \n The claimant's contentions are as follows: \n“Claimant contends he is entitled to medical treatment for his right \nthumb   as   recommended   by   Dr.   Dougherty   in   the   form   of \ninjections. Claimant reserves all other issues.” \n \n The respondents’ contentions are as follows: \n“1. The Respondents contend that all reasonably necessary medical \ntreatment has been and continue to be provided for the Claimant’s \nright  thumb  injury.  However,  the  proposed  PRP/fat  injections  are \nexperimental   in   nature   and   not   reasonably   necessary   medical \ntreatment.   Thus,   medical   treatment   in   the   form   of   PRP/fat \ninjections  are  not  owed  in  connection  with  this  claim  pursuant  to \nArkansas   law.   More   specifically,   Claimant   can   cite   no   case \nwhatsoever  whereby  such  injections  have  been  allowed  by  the \nArkansas Workers’ Compensation Commission and deemed to be \nreasonably necessary medical treatment. \n \n2.  By  way  of  alternative  contention,  the  Respondents  plead  an \noffset  for  any  group  medical  insurance  benefits  paid  on  behalf  of \nthe Claimant.” \n \n The claimant in this matter is a 42-year-old male who sustained a compensable injury to \nhis  right  thumb  on  September  28,  2022.  The  claimant  has  asked  the  Commission  to  determine \nwhether he is entitled to additional medical treatment for his compensable right thumb injury. At \nthe  hearing  in  this  matter  the  claimant  described  how  he  sustained  a  compensable  right  thumb \ninjury as follows: \nQ And did you have an injury in September of 2022? \n \nA I did. \n \nQ What happened to your right hand? \n \n\nSchneider – H207304 \n \n-3- \nA It  got  caught  in  between  the  cooling  bed  and  a  bar.  And  I \nusually got a clutch on it where you can release it and it didn’t. It \nhad been tightened down, so I had to rip it out. \n \nQ Rip out the clutch or your hand? \n \nA My hand. \n \nQ And what kind of damage was done to your hand? \n \nA It cut my tendon and snapped my thumb. \n \nQ And did you go to the emergency room for that? \n \nA Yes. I clocked out and drove to the emergency room. \n \n The claimant has since his September 28, 2022, compensable injury undergone extensive \nmedical  treatment  regarding  his  right  thumb.  The  claimant’s  treatment  has  included  four \ndifferent  surgical  interventions  into  his  right  thumb  by  several  different  physicians.  The \nclaimant’s first surgery was performed by Dr. Matthew Coker on the day of his injury. The \nsecond surgery was performed by Dr. Jeffrey Johnson on October 7, 2022. His third surgery was \nto remove hardware in his thumb which was performed by Dr. Patrick Brannan on November 10, \n2022. In Dr. Brannan’s progress note dated December 1, 2022, he provides a brief summation of \nthe claimant’s first three surgeries as follows: \nHistory: \nPatient is a 39-year-old male here for follow-up of his right thumb. \nHe underwent open reduction and pinning on 28 September after a \ncrush injury and then subsequently ELP repair 7  October. His last \nvisit his pins were removed. Specifically pins were removed on the \n10\nth\n November rough 6 weeks post injury. Currently today he still \nhas no use of his right hand. Specifically the based on restrictions. \n \n On February 24, 2023, Dr. Brannan performed a fourth surgery on the claimant’s right \nthumb. Following is a portion of that operative report: \nPREOPERATIVE DIAGNOSES: \n\nSchneider – H207304 \n \n-4- \n1. Right thumb metacarpal nonunion. \n2. Right thumb chronic extensor pollicis longus recurrent tear. \n \nPOSTOPERATIVE DIAGNOSES: Same \n \nOPERATION: \n1.  Open  reduction,  internal  fixation  right  thumb  metacarpal  with \nlocal bone grafting. \n2. Right thumb extensor indicis proprius to extensor pollicis longus \ntendon transfer. \n \n On June 19, 2023, the claimant was seen by Dr. Brannan. Following is a portion of that \nmedical record: \nHistory of Present Illness: \nMichael  Schneider  is  a  40  y.o.  male  here  for  follow-up  of  left \nthumb.  Status  reduction  internal  fixation  of  bone  grafting  of  the \nthumb   metacarpal   nonunion.   Date   of   surgery   24   February. \nAdditionally  has  been  using  a  bone  stimulator  as  well  as  been \nsuccessful   in   doing   well   with   smoking   since   cessation.   Still \nattending  occupational  therapy.  Also  had  a  EIP  and  EPL  tendon \ntransfer. \n \n*** \nPlan \nMichael Schneider is a 40 y.o. male \nOverall  from  a  functional  standpoint  he  continues  to  improve.  He \nhas  shown reasonably  good  compliance  with  the  bone  stimulator. \nHe continues to be compliant with smoking cessation. Clinically he \nfeels  better  and  radiographically  it  appears  he  is  healing  I  suspect \nwill  be  good  radiographically  healed  in  6-8  weeks.  Advanced  his \nleft back number the 20 lb. At the conclusion we will definitely get \nan  impairment  rating.  Maximum  medical  improvement  in  6-8 \nweeks.  We  will  discuss  later  whether  to  obtain  an  FCE.  Provide \nreferral  to  occupational  therapy  to  extend  therapy  1  to  2  times  a \nweek times and additional month. \n \n On  July  20,  2023,  the  claimant  was  seen  by  Dr.  Brannan.  Following  is  a  portion  of  the \nmedical records from that visit: \nPlan: \nPatient  is  looking  good  at  this  point.  I  think  we  have  now  gotten \nhealed.  He  can  perform  activity  as  tolerated.  No  restrictions  for \n\nSchneider – H207304 \n \n-5- \nwork. He is now at maximum medical improvement. No doubt his \nthumb is not perfect. The EIP to ELP tendon transfer is not adding \na  lot  from  a  functional  standpoint.  My  guess  is  the  tendons \nprobably  scarred  in  the  region  where  his  fracture  in  fixation  is. \nHopefully over time this will get a little bit better. He needs to go \nahead and get an impairment rating at this point. No FCU required. \nAll see him back after his impairment rating. \n \nDr.  Brannan  returned  the  claimant  to  work  without  restrictions  and  sent  him  for  an  impairment \nevaluation at that time. \n On  November  6,  2024,  the  claimant  began  to  see  Dr.  Christopher  Dougherty.  The \nclaimant was asked on direct examination about the gap in time between the end of his treatment \nwith Dr. Brannan and the start of his treatment with Dr. Dougherty as follows: \nQ Now,  Dr.  Brannan,  according  to  our  medical  records,  last \nsaw you it looks like in July of 2023. Do you think that is true? \n \nA Sounds about right. \n \nQ And then you saw Dr. Dougherty in 2024? \n \nA November, I believe. \n \nQ Yes,  November  of  2024.  Why  was  there  that  delay  in \nbetween Dr. Brannan and Dr. Dougherty? \n \nA He said it would get better and I just wanted to give it time, \nbut  it  just  wasn’t  getting  better.  And  just  more  pain,  so  I  just \nwanted to figure something out, how to help this out. \n \nFollowing is a portion of the medical report from the claimant’s November 6, 2024, visit with \nDr. Dougherty: \nProblems \nReviewed Problems: \n*Osteoarthritis    of    proximal    interphalangeal    joint – Onset: \n11/06/2024 \n*Closed fracture of thumb metacarpal – Onset: 11/06/2024, Right \n \n*** \n\nSchneider – H207304 \n \n-6- \nAssessment/Plan \nPatient  presents  today  with  right  hand  pain  that  follows  a  work-\nrelated  injury  on  9/28/2022.  His  hand  was  stuck  in  a  piece  of \nmachinery  and   caused  a  fracture  of  the  first  metacarpal   and \nsevering  of  the  flexor  tendons.  He  had  an  ORIF  on  9/28/2022 \nfollowed by 4 more surgeries to fixed the failed ORIF and reattach \nthe  tendon.  He  has  been  taking  ibuprofen  to  get  some  relief  but \ncontinues to have pain and limited range of motion. \n \nHe  would  benefit  from  PRP  or  a  fat  injection  to  help  with \npersistent pain due to his osteoarthritis. \n \nOsteoarthritis of proximal interphalangeal joint \nM15.2: Bouchard’s nodes (with arthropathy) \nM25.541: pain in joints of right hand \nXR, HAND 3 OR MORE VIEW \nSide: RIGHT view (X-RAY HAND); AP, Lateral, Oblique \n \nXR, HAND, 3 OR MORE VIEW \nSide: RIGHT, Views (X-RAY, HAND), AP, Lateral, Oblique \nResult:  Well  healed  fracture  of  first  metacarpal  with  hardware  in \nplace. \n \n On June 2, 2025, the claimant’s attorney wrote Dr. Dougherty a letter which is found at \nClaimant’s Exhibit 1, page 58. That letter addresses the claimant’s osteoarthritis and its relation \nto the claimant’s work accident. Dr. Dougherty writes a small note on the bottom right hand of \nthat letter and signs it, “Osteoarthritis is post-traumatic due to work accident.” That note is dated \nJune 11, 2025. \nThe claimant has asked the Commission to determine whether he is entitled to additional \nmedical  treatment  for  his  compensable  right  thumb  injury.  The  claimant’s  contentions \nspecifically discuss the injections recommended by Dr. Dougherty.  \nEmployers  must  promptly  provide  medical  services  which  are  reasonably  necessary  in \nconnection  with  the  compensable  injuries,  Ark.  Code  Ann.  §11-9-508(a).    However,  injured \nemployees have the burden of proving by a preponderance of the evidence that medical treatment \n\nSchneider – H207304 \n \n-7- \nis  reasonably  necessary.   Patchell  v.  Wal-Mart  Stores,  Inc.,  86  Ark.  App.  230,  184  S.W.3d  31 \n(2004).    What  constitutes  reasonable  and  necessary  medical  treatment  is  a  fact  question  for  the \nCommission,  and  the  resolution  of  this  issue  depends  upon  the  sufficiency  of  the  evidence.  \nGansky v. Hi-Tech Engineering, 325 Ark. 163, 924 S.W.2d 790 (1996). \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)(1). The claimant bears the burden of proving that he is entitled to additional \nmedical treatment. Dalton v. Allen Engineering Co., 66 Ark. App. 201, 989 S.W.2d 543 (1999). \n Without  question,  the  claimant  has  had  extensive  medical  treatment  in  the  form  of \nsurgical  intervention,  occupational  therapy,  and  even  bone  stimulation  treatment.  The  medical \nrecords  and  testimony  of  the  claimant  agree  that  the  claimant  has  been  compliant  with  his \ntreatment plans even to the point of tobacco cessation. At the hearing in this matter the claimant \ngave testimony about his continued problems after being released to return to work as follows:  \nOn direct examination: \nQ So when you get back to Hiland Dairy, what kind of work \nwere you doing? \n \nA I went back to maintenance. \n \nQ And did you have any trouble doing that with your hand? \n \nA I did. I couldn’t – like nuts and stuff, I couldn’t feel them. I \ncouldn’t grab things like I used to. I had to learn to do everything \nwith my left hand. \n \nQ Were  you  having  any  range  of  motion  problems with  your \nright hand? \n \nA I was. \n \nQ Can you describe what that was? \n\nSchneider – H207304 \n \n-8- \n \nA Well,  just  like  gripping  things,  you  know,  like  I  say, \nnumbness and trying to put bolts and screws together, it just made \nit very difficult. \n \nQ Were you able to make a tight fist? \n \nA No. Still can’t. \n \nQ And why not? \n \nA Restrictions. It just won’t go down. \n \nQ And when you say it won’t go down, what are you talking \nabout? \n \nA Like this one will go down; that one won’t (indicating). \n \nQ Okay. Are you talking about your thumbs? \n \nA My thumbs. \n \nQ Okay. And are you still working with Hiland Dairy? \n \nA I am not. \n \nQ Who do you work for now? \n \nA American AC & Mechanical. \n \nQ And what do you do there? \n \nA I am a plumber and a welder. \n \nQ All  right.  And  does  your  right  hand  give  you  any  trouble \nwith your welding or your plumbing? \n \nA It does. \n \nQ What kind of trouble? \n \nA Holding a stringer to weld, I can’t grip as long as I used to \nbe able to. You know, I am constantly stopping and I shouldn’t be. \nAs  far  as  like  sanding – because  of  my  wrist,  too – sanding  the \ncopper and all of that, it just slows me way down. \n\nSchneider – H207304 \n \n-9- \n \nOn cross examination: \nQ As far as the grip strength and things of that nature, there is \nnothing  in  his  report  or  the  literature  that  I  have  read  to  indicate \nthat  it  would  help  the  grip  issues,  but  there  is  something  you \nbelieve that it would help the grip issues? \n \nA That is my understanding, that it would. \n \nQ Is it your hope or your understanding? \n \nA My hope and my understanding. \n \nQ All  right.  Do  you  recall  that  I  guess  in  May  of  2024  when \nyou had last been to Dr. Brannan that you were doing well and he \nwas very pleased with where you stood at that point in 2024? \n \nA Yes. He was pleased with the healing. \n \nQ Okay. And then you decided to get a change of physician to \nDr. Dougherty after that? \n \nA Yes. After a year. \n \nQ After he released you to return to work? \n \nA Yes. \n \nOn re-direct examination: \nQ Again,  I  don’t  want  to  know  what  he  said,  but  had  Dr. \nBrannan  offered  you  other  options  for  treatment  once  he  released \nyou? \n \nA He did not. \n \nQ Do  you  think  if  you  had  less  pain  in  your  right  hand  that \nyou could move it more? \n \n MR. NEWKIRK: Objection. Speculation, Your Honor. \n \n MS. BROOKS: Well, that is what he thinks about his own \nhand, Your Honor. \n \n\nSchneider – H207304 \n \n-10- \n MR.  NEWKIRK:  It  is  asking  him  to  speculate.  Kind  of \nasking for a medical opinion as well. \n \n THE COURT: I am going to give you the same little bit of \nrope I gave him. \n \nQ [BY MS. BROOKS]: Do you remember the question? \n \nA I believe it would help me. \n \nQ I am sorry, what? \n \nA I believe it would help. \n \nQ Okay.  And  again,  were  you  able  to  talk  do  Dr.  Dougherty \nabout the goals of these injections? \n \nA Yes. \n \nQ And do you feel like you want these injections? \n \nA I believe him enough that, yes, I do. \n \n Dr. Dougerty is recommending treatment for the claimant’s osteoarthritis in his right \nthumb due to his compensable right thumb injury. That treatment, as stated in his November 6, \n2024,  record, is “PRP or a fat injection to help with persistent pain due to his osteoarthritis.” \nBoth  parties  have  submitted  articles  regarding  PRP  (platelet-rich  plasma).  I  find  neither  article \nmore   persuasive   than   Dr.   Dougherty,   a   well-known  orthopedist  in  Northwest  Arkansas’ \nrecommendation  for  injection.  The  article  provided  by  the  respondent  does  include  information \nthat PRP is not FDA approved; however, no party has provided the Commission with a citation \nor  statute  that  prohibits  non-FDA  approved  medical  treatment.  The  claimant  has  gone  through \nmuch medical treatment, given his thumb time to heal, and yet  I find he still needs treatment.  I \nfind  that  the  treatment  offered  by  Dr.  Dougherty  to  be  reasonable  and  necessary  medical \ntreatment for the claimant’s compensable right thumb injury. \n\nSchneider – H207304 \n \n-11- \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 \nApril 14, 2025, and contained in a Pre-hearing Order filed April 15, 2025, are hereby accepted as \nfact. \n 2. The  claimant  has  proven  by  a  preponderance  of  the  evidence  that  he  is  entitled  to \nadditional medical treatment for his compensable right thumb injury; specifically, the treatment \nrecommended by Dr. Dougherty in his November 6, 2024, medical report regarding the claimant. \n ORDER \nThe  respondents  shall  pay  for  medical  expenses  associated  with  the  claimant’s \ncompensable  right  thumb  injury;  specifically,  injections  recommended  by  Dr.  Dougherty  in  his \nNovember 6, 2024, medical report regarding the claimant. \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 \n\nSchneider – H207304 \n \n-12- \n IT IS SO ORDERED. \n \n                                ____________________________                                               \n       HONORABLE ERIC PAUL WELLS \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H207304 MICHAEL SCHNEIDER, Employee CLAIMANT HILAND DAIRY FOODS CO., LLC, Employer RESPONDENT CCMSI, Carrier RESPONDENT OPINION FILED OCTOBER 7, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas. Claimant ...","fetched_at":"2026-05-19T22:35:19.649Z","links":{"html":"/opinions/alj-H207304-2025-10-07","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SCHNEIDER_MICHAEL_H207304_20251007.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}