{"id":"alj-H208338-2025-01-28","awcc_number":"H208338","decision_date":"2025-01-28","opinion_type":"alj","claimant_name":"Christine Bell","employer_name":"Fianna Hills Nursing Rehab Ctr","title":"BELL VS. FIANNA HILLS NURSING REHAB CTR. AWCC# H208338 January 28, 2025","outcome":"denied","outcome_keywords":["granted:1","denied:5"],"injury_keywords":["neck","back","lumbar","fracture","cervical","shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BELL_CHRISTINE_H208338_20250128.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BELL_CHRISTINE_H208338_20250128.pdf","text_length":31192,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H208338 \n \nCHRISTINE BELL, Employee CLAIMANT \n \nFIANNA HILLS NURSING REHAB CTR., Employer RESPONDENT \n \nAMTRUST NORTH AMERICA, Carrier RESPONDENT \n \n \n \n OPINION FILED JANUARY 28, 2025 \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in  Fort  Smith, \nSebastian County, Arkansas. \n \nClaimant represented by MATTHEW J. KETCHAM, Attorney at Law, Fort Smith, Arkansas. \n \nRespondents   represented   by WILLIAM   C.   FRYE,   Attorney   at   Law, North   Little   Rock, \nArkansas. \n \n STATEMENT OF THE CASE \n \n On October  31,  2024,  the  above  captioned  claim  came  on  for  a  hearing  at  Fort  Smith, \nArkansas.   A pre-hearing conference was conducted on April 15, 2024, and a Pre-hearing Order \nwas filed on April 23, 2024.   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 \nDecember 30, 2020. \n 3. The respondents have controverted this claim in its entirety. \n\nBell – H208338 \n \n-2- \n 4. The claimant was earning sufficient wages to entitle her to compensation at the weekly \nrates  of  $232.00  for  temporary  total  disability  benefits  and  $174.00  for  permanent  partial \ndisability benefits. \n By agreement of the parties the issues to litigate are limited to the following: \n 1.  Whether  Claimant  sustained  a  compensable  injury  to  her  neck  and  low  back  on  or \nabout December 30, 2020. \n 2.  Whether  Claimant  is  entitled  to  medical  treatment  for  her  compensable  neck  and  low \nback injuries. \n 3.  Whether  Claimant  is  entitled  to  temporary  total  disability  benefits  from  March  31, \n2021, to a date yet to be determined. \n 4. Whether Claimant’s attorney is entitled to an attorney fee. \n The claimant's contentions are as follows: \n“1. The above listed proposed stipulations. \n \n2. The Claimant was injured on December 30, 2020, when she was \nhelping  another  staff  member  lift  a  patient  off  the  floor  and  felt  a \npop in her back. \n \nThe   Claimant   was   seen   at   Baptist   Health   Medical   Center \nemergency  room  with  complaints  of  right  low  back  pain.  The \nClaimant was diagnosed with back pain and to follow-up with her \nprimary care physician in five (5) days. \n \nOn  April  13,  2021,  the  Claimant  was  treated  at  Baptist  Health \nPhysical  Therapy  for  continued  low  back  and  neck  pain.  She \nreceived therapy, manipulation and evaluations. \n \n3.  The  Claimant  reserves  the  right  to  amend  and  supplement  her \ncontentions after additional discovery has been completed.” \n \n The respondents’ contentions are as follows: \n\nBell – H208338 \n \n-3- \n“The  Claimant  initially  filed  a  claim  alleging  an  injury  date  of \nDecember  6,  2020.  She  has  now amended  it  to  say  December  30, \n2020. A copy of the assignment sheet is attached and the Claimant \ndid  not  work  on  December  30,  2020.  The  Claimant  went  to  the \ndoctor at Baptist on December 7, 2020 and underwent an MRI that \nshowed  stenosis.  She  was  referred  on  December  18,  2020  for \ninjections  and  given  medications.  Her  history  to  the  pain  doctor \nwas   that   her   back   pain   started   6   years   ago   and   had   gotten \nprogressively  worse.  In  the  last  year,  it  had  become  severe  and \nconservative treatment had not worked. No history was given of a \nlow  back  injury  at  work.  On  the  neck,  she  reported  in  March  of \n2021,  she  had  8  months  of  bilateral  spasticity  of  her  arm  and \nhands.  The  history  was  she  injured  her  low  back  and  neck  in  a  4-\nwheeler accident. She reported at least 3 years of pain when asked \nwhat   caused   her   problems   at   Fort   Neuro.   She   was   seen   on \nSeptember  1,  2021  at  Baptist  and  gave  a  history  of  the  neck  pain \nfor several years. No mention of a December 30, 2020 injury.” \n \n The  claimant  in  this  matter  is  a 44-year-old  female who  alleges  to  have  sustained \ncompensable injuries to her neck and low back on or about December 30, 2020. At the hearing in \nthis matter the claimant testified that the injuries she is alleging occurred on December 29, 2020, \nbut  her  first  medical  treatment  occurred  on  December  30,  2020.  The  claimant  gave  direct \nexamination testimony about the incident she alleges as follows: \nQ Okay.  Would  you  tell  the  Court  briefly  what  you  were \ndoing  that  day  and  how  you  came  to  injure  your  back  and  your \nneck. \n \nA My charge nurse came and got me. A resident had slid out \nof  bed  onto  the  fall  mat  and  she  wanted  me  to  help  him,  help  her \nget  the  gentleman  out  of  the  floor  and  back  onto  the  bed.  We  had \ntried  picking  him  up,  which  is – Aubreye  Adams  was  my  charge \nnurse at the time, which she was the lady that came and got me. \n \n We  had  tried  to  pick  the  gentleman  up.  Could  not.  Put  the \ngait  belt  around  him.  We  dug  down  real  deep  and  finally  got  him \nup and about that time I felt a pop in my lower back. \n \nQ Okay.  Now,  specifically,  if  you  were  describing  this  to \nsomeone who couldn’t see, where would you describe where you \nfelt a pop in your back? \n\nBell – H208338 \n \n-4- \n \nA I would say right above your butt crack. \n \nQ Okay. \n \nA That lower area. \n \nQ Okay.  Did  it  tend  to  be  more  on  the  left  side  right  above \nyour butt crack or to the right side or in the middle? \n \nA In the middle. \n \nQ In the middle? \n \nA Yes. \n \n The  claimant  then  testified  that  her  charge  nurse  sent  her  to  report  her  injury  to  Kim \nButler, who is in charge of the respondent’s human resources department. Following is the \nclaimant’s testimony about her interaction with Ms. Butler on December 29, 2020: \nQ Okay.  All  right.  And  just  take  us  through  that  notification, \nthat conversation. \n \nA I told her that I had hurt myself. She had told me to have a \nseat. She had left the facility. Went out back. She had come back in \nand told me that I – \n \nQ Let me stop you there. So you had a seat. Were you in her \noffice? \n \nA No. I was outside of her office when I had spoke to her. \n \nQ In a chair? \n \nA Yes. \n \nQ Okay. And she left her office? \n \nA Yes. \n \nQ Did you see where she went? \n \nA Down the hall. \n\nBell – H208338 \n \n-5- \n \nQ Okay. About approximately how long was she gone? \n \nA About 10, 15 minutes. \n \nQ Okay. Did she come back? \n \nA Yes. \n \nQ Okay. And what conversation ensued after she returned? \n \nA She  told  me  I  needed  to  get  up  and  get  back  on  the  floor \nand help, that we were shorthanded. \n \nQ Were you shorthanded? \n \nA Yes. \n \nQ Okay. Were you asked to fill out any paperwork? \n \nA No. \n \nQ Were you asked to fill out a report? \n \nA No. \n \nQ Were you asked to sign a form? \n \nA No. \n \nQ Okay. Did she ask about your condition? \n \nA No. \n \nQ Okay.  So  her  only  statement  to  you  was,  “We  are \nshorthanded. I need you back out of the floor.”? \n \nA Yes. \n \nQ Did you do that? \n \nA Yes. \n \nQ Okay. So did you finish your shift that day? \n \n\nBell – H208338 \n \n-6- \nA Yes, I did. \n \n Ms.  Butler  was  called  as  a  witness  by  the  respondent.  Following  is  her  testimony  about \nthe notification of the claimant’s alleged injuries: \nQ All right. You heard her testify today that on December 29\nth\n \nshe reported an injury to – first of all, were you there that day? \n \nA Yes. \n \nQ Do you have an office? \n \nA Yes. \n \nQ  Was any report of an injury done to you that day? \n \nA No. \n \nQ Did you refuse to fill out any paperwork? \n \nA No, I did not refuse. \n \nQ  Now, she continued to work for three months. At any time \nduring those three months did you see her? \n \nA Yes. \n \nQ How often? \n \nA Usually any day that was Monday through Friday and if she \nworked and she was there. \n \nQ At  any  time  during  those  three  months,  did  she  indicate  to \nyou that she had injured herself on December 29\nth\n? \n \nA No. \n \nQ When  was  the  first  time  that  you  were  notified  that  there \nwas a claim being made due to any injury? \n \nA I was not notified. \n \nQ Okay. Well, that’s a poorly-worded  question  on  my  part. \nWhen did you first know that there was a claim being made? \n\nBell – H208338 \n \n-7- \n \nA I was not aware. \n \nQ Okay.  In  your  deposition  you  indicated  that  you  were \nnotified  by  my  office.  That  is  why  I  am  saying  it  was  poorly \nworded. \n \nA Oh, by your office, yes. \n \nQ I am not talking about by the Claimant. I am talking about \nanybody. \n \nA By you, yes. \n \n The claimant was seen at Baptist Health Family Clinic South on December 30, 2020, by \nAPRN Julie Rowland. Following is a portion of that medical record: \nReason for Visit: \nBack Pain \n40  year  old  female  patient  in  today  with  complaint  of  increased \nlow  back  pain.  States  she  was  at  work  yesterday  and  tried,  with \nanother CNA, to pick a large man up off the floor. She states after \nshe  did  this  her  pain  intensified  greatly.  She  went  to  the  ER  this \nmorning  because  the  pain  was  so  intense  and  her  pain  medication \nwas “not touching it.” A CT lumbar spine was completed; no new \nfindings.  She  was  instructed  to  follow  up  with  primary  care.  Was \ngiven  morphine  in  ER  and  states  this  did  not  help  the  pain  either. \nShe   has   an   appointment   with   neurosurgery   on   1/7/2020   and \ninterventional  pain  management  on  1/7/2020  as  well.  She  states \nshe  is  unable  to  sleep  since  incident  yesterday,  due  to  pain.  She \ndoes  have  a  medical  marijuana  card  however  states  she  has  not \nbeen using it since she started seeing Psychiatry. Also, the cares is \nan  Oklahoma  card  and  she  lives  in  Arkansas.  She  is  adamant  that \nshe   has   not   been   taking   Xanax   since   she   started   with   pain \nmedication. \n \n The claimant also underwent a CT scan of her low back on December 30, 2020, at Baptist \nHealth. Following is a portion of that diagnostic report: \nFINDINGS: \nVertebrae: No acute bony injury or malalignment. \nDisc/Spinal  canal/Neural  foramina:  Mild  degenerative  change  and \nmultilevel  disc  bulging.  Mild  central  canal  stenosis  at  the  L3-L4 \n\nBell – H208338 \n \n-8- \nand  L4-L5  levels;  due  to  combined  disc  bulging,  ligamentous \nhypertrophy,  and  facet  arthropathy.  Note  that  assessment  of  disc, \nspinal  cord,  and  nerve  root  pathology  is  limited  in  the  absence  of \nintrathecal contrast. \nStomach   and   bowel:   Questionable    wall   thickening   in   the \nnondistended and incompletely visualized stomach. \nSoft  tissues:  Unremarkable  appearance  of  the  paraspinous  and \ntissue. \n \nIMPRESSION: \nMild  central  canal  stenosis  at  the  L3-L4  and  L4-L5  levels;  due  to \ncombined   disc   bulging,   ligamentous   hypertrophy   and   facet \narthropathy.  \n \n On direct examination the claimant was asked about pain after her alleged December 29, \n2020, lifting injury as follows: \nQ What kind – well, let me ask you this: Was there any pain – \n \nA Yes. \n \nQ -- associated with that? \n \nA Yes. \n \nQ What kind of pain? \n \nA It was burning and it was going down this side (indicating), \nlike down the left side. \n \nQ Okay.  How  far  down?  I  take  it  it  went  into  your  butt \nchecks? \n \nA Yes. \n \nQ Did it go down past your butt check? \n \nA Yes. Into my thighs. \n \nQ Into your thighs? \n \nA Yes. \n \nQ Into both thighs or just down the left? \n\nBell – H208338 \n \n-9- \n \nA Down both of them. \n \n The  claimant  testified  on  direct  examination  that  she  had  a  prior  incident  on  a  four-\nwheeler  over  20  years  ago  where  she  injured  her  neck  and  back  but  testified  that  those  injuries \ndid  not  require surgery  or  continued  medical  treatment.  The  claimant  began  to  work  for  the \nrespondent  in  the  middle  of  October  of  2020.  On  direct  examination  the  claimant  was  asked \nabout  low  back  problems  during  the  period  of  time  between  being  hired  by  the  respondent  and \nthe December 29, 2020, incident she alleges as follows: \nQ Okay.  Now,  we  know  that  after  you  got  hired,  but  before \nthe  29\nth\n,  you  were  having  problems  in  your  low  back.  Talk  about \nthat. \n \nA I was staying late, working extra hours, working my eight-\nhour  shift  and  then  they  would  need  people  to  stay  over  after  and \nneeding volunteers. And I was staying over quite a bit afterwards, \nwhether it was a few hours or another shift to help out because we \nwere so shorthanded. \n \nQ Okay. \n \nA And  I  had  done  that  for  several  months  up  until  I  got \ninjured. \n \nQ Okay.  So  when  do  you  think  that  the  back  pain  started \nagain?  After  you  started  at  Fianna  Hills  in  the  middle  of  October, \nwhen did you begin to experience back pain? \n \nA Probably a couple of weeks after starting. \n \nQ Okay. \n \nA Lifting  patients  and  stuff,  sometimes  didn’t  have  the \nequipment, the right equipment to use at the time. Sometimes some \nof  the  equipment  was  down,  so  it  would  take  me  and  another \nperson to pick someone up, put them in bed, and put them in their \nchair, whatever needed to be done. \n \n\nBell – H208338 \n \n-10- \nQ Okay.  So  within  two  weeks  of  you  starting  as  a  CNA  at \nFianna Hills, you began to experience low back pain? \n \nA Yes. \n \nQ Did you go see a doctor for that? \n \nA No. I just took Tylenol. \n \nQ Okay.  All  right.  Was  it  radiating  into  your  buttocks  or \ndown your legs prior – \n \nA No. \n \nQ Let  me  finish.  Was  it  radiating  into  your  buttocks  or  legs \nprior to December 29? \n \nA No. \n \nQ Okay.  Did  it  get  worse  as  your  time  at  Fianna  Hills  went \non? \n \nA Yes. \n \nQ Okay.  Did  you  ultimately  prior  to  the  29\nth\n seek  medical \nattention for pain in your low back? \n \nA Yes. \n \nQ And where did you go? \n \nA I went to my PCP. \n \nQ Who is that? \n \nA At the time I think it was Julie Rowland or Bao Dang. \n \nQ So you saw Dr. Bao Dang? \n \nA Yes. \n \nQ And you were complaining of low back pain? \n \nA Yes. \n \n\nBell – H208338 \n \n-11- \n On  December  7,  2020, twenty-one days  before  the  claimant’s  alleged  incident,  the \nclaimant was seen at Baptist Health Family Clinic South by APRN Julie Rowland. Following is a \nportion of that medical record: \nReason for Visit: \nBack Pain \n40-year-old  female  patient  in  today  with  complaint  of  low  back \npain.  States  she  has  been  having  low  back  pain  off  and  on  for  the \nlast  8  years  however  over  the  last  several  months  is  has  gotten \nincreasingly  worse.  No  known  new  trauma  in  the  last  couple \nmonths.  States  that  she  is  having  pain  in  the  lower  back  and  the \npain radiates down bilateral buttocks down to bilateral feet. States \nher  bilateral  feet  and  toes  also  go  numb.  She  reports  her  bilateral \nhips also hurt and at times “locked up.” When this happens she is \nunable  to  bear  weight  on  her  extremities  and  her  husband  has  to \nhelp  her  walk.  She  is  a  CNA  and  is  on  her  feet  a  lot.  Reports  she \nhad a car accident many years ago and this is when her initial back \npain began. She has been taking Tylenol without relief. She has in \nthe  past  tried  relaxers  however  reports  she  did  not  get  any  relief \nfrom  those  at  the  time.  She  has  taken  hydrocodone  in  the  past \nwithout any problems. She does have a history of anxiety and takes \nXanax  while  she  is  taking  pain  multiple  days  without  having  to \ntake this as needed medication. She is aware she cannot be on pain \nmedication  while  taking  Xanax  due  to  increased  sedation.  She \nstates she is willing to stop the pain Xanax while she is taking pain \nmedication due to her high discomfort level. She has had x-rays of \nher lower back completed approximately 3 years ago. She has also \nhad  x-rays  of  her  hips  completed  many  years  ago  and  states  they \nwere out alone. She tried chiropractic work however it did not help \nwith either pain. \n \n The  claimant  underwent  an  MRI  of  her  lumbar  spine  on  December  17,  2020,  at  Baptist \nHealth,  which was  eleven days  prior  to  the  incident  she  alleges.  Following  is  a  portion  of  that \ndiagnostic report: \nFINDINGS:   5   lumbar   vertebral   bodies   are   present.   A   small \nhemangioma  is  present  in  the  T12  vertebral  body.  The  vertebral \nbodies  are  well  aligned.  There  is  no  evidence  of  subluxation.  No \nacute compression fracture identified. Conus medullaris terminates \nat L1 and is unremarkable in appearance. Paravertebral soft tissues \n\nBell – H208338 \n \n-12- \nare grossly unremarkable. Epidural lipomatosis is present. There is \nmild congenital canal stenosis. \n \nT12-L1: No significant abnormality. \n \nL1-2: There is mild facet degeneration. \n \nL2-3:  Minimal  annular  disc  bulge  is  present  with  mild  left  neural \nforaminal stenosis. No significant central canal stenosis. \n \nL3-4:   Annular   disc   bulge,   bilateral   facet   degeneration   and \nthickening  of  ligamentum  flavum  result  in  mild  central  canal \nstenosis  with  moderate  bilateral  neural  foraminal  stenosis,  left \ngreater than right. \n \nL4-6:    Disc    bulge    osteophyte    complex    and    bilateral    facet \ndegeneration  result  in  mild  central  canal  stenosis  with  mild  facet \ndegeneration. \n \nL6-S1: Bilateral facet degeneration is present. \n \nIMPRESSION: \n1. Multilevel disc  and  facet  degeneration  is  superimposed  upon \nmild congenital central canal stenosis. \n2. Epidural lipomatosis. \n3.  At  L3-4,  there  is  moderate  bilateral  neural  foraminal  stenosis. \nMild central canal stenosis is present at multiple levels as detailed \nabove. \n \n On  December  18,  2020,  medical  records  indicate  that  APRN  Rowland  left  a  voicemail \nfor the claimant in an attempt to discuss her MRI results. Following is that medical note: \nCalled  patient  to  discuss  MRI;  results  left  on  voicemail.  Patient \ncalled  yesterday  asking  about  her  referral  for  pain  injections  and \nher oral medications. Left message informing patient that the pain \ninjections  are  in  addition  to  the  oral  medications  however  if  the \noral medications are going to end up having to be long term, I will \nhave to send her to pain management for the prescribing of those. \nPatient  appointment  with  Dr.  Miller  is  January  7\nth\n.  Will  also  refer \nto neurosurgery for consultation. \n \n On December 28, 2020, the day prior to the claimant’s alleged injuries, she is seen by \nAPRN Rowland for “chronic bilateral low back pain with bilateral sciatica.” The claimant was \n\nBell – H208338 \n \n-13- \nreferred at that time to a pain clinic and a neurosurgeon. The claimant was prescribed gabapentin \nand hydrocodone. \n On  January  11,  2021,  the  claimant was seen  at  Transcend  Pain,  PA  by  Dr.  Miller, to \nwhom the claimant was referred by APRN Rowland on December 18, 2020, ten days prior to her \nalleged compensable injuries. Following is a portion of that medical report: \nChief Complaint: Back Pain and Leg Pain \nHistory of Present Illness: Back Pain and Leg Pain \nHPI:  the  patient  is  a  pleasant  40-year-old  female  referred  in  with \nlow  back  pain  going  down  both  buttocks  all  the  way  down \noccasionally  to  her  feet.  Started  six  years  ago  out  of  the  blue  and \nhas been progressively worse. In the last year it has become severe \nand  her  conservative  measures  which  are  usually  nonsteroidals  at \nprescription strength, including ibuprofen 600mg three times a day \nand heat have not worked that well. She is now having pain 10/10 \neven though she can stand up with some moaning and groaning her \npain  is  probably  7-8/10.  Antalgic  gait.  Sleep  is  very  disrupted. \nWeather  changes  do  not  affect  it  but  it  is  worse  with  walking, \nstanding,   and   sitting   for   long   periods.   Better   with   changing \npositions. She is largely inactive and is requesting an injection for \nimproved relief and activity level. She is set up to see Dr. Johnson \nwith  neurosurgery  in  three  months.  The  patient  denies  any  recent \nfalls.   The   patient   denies   any   recent   changes   in   strength   or \ncoordination. It was explained to the patient that we will minimize \nbut  cannot  eliminate  the  risk  of  the  patient  and  family  potentially \nencountering exposure and infection with Covid 19 virus by being \nhere,  being  evaluated  and  receiving  an  injection.  The  patient  (and \nfamily)  agreed  to  accept  this  risk  due  to  the  severity  of  pain \ncomplaints. \n \n In  order  to  prove  a  compensable  injury  as  the  result  of  a  specific  incident  that  is \nidentifiable by time and place of occurrence, a claimant must establish by a preponderance of the \nevidence  (1)  an  injury  arising  out  of  and  in  the  course  of  employment;  (2)  the  injury  caused \ninternal or external harm to the body which required medical services or resulted in disability or \ndeath;  (3)  medical  evidence  supported  by  objective  findings  establishing  an  injury;  and  (4)  the \ninjury was caused by a specific incident identifiable by time and place of occurrence. Odd Jobs \n\nBell – H208338 \n \n-14- \nand More v. Reid, 2011 Ark. App. 450, 384 S.W. 3d 630. \n It is the claimant’s burden to prove that she sustained a compensable low back injury \nduring the patient lifting incident she describes as having occurred on December 29, 2020. \n The  claimant,  while  admitting  prior  back  difficulties,  downplays  the  severity  in  her \ntestimony, including denying in testimony to the Commission that she had radiating pain in her \nlower extremities prior to her alleged December 29, 2020, incident. The medical record of APRN \nRowland dated December 7, 2020, clearly states, “She is having pain in the lower back and pain \nradiates bilateral buttocks down to bilateral feet.” In that same record, the claimant reports, “low \nback  pain  off  and  on  for  the  last  8  years  however  over  the  last  several  months  it  has  gotten \nincreasingly worse.” The claimant’s December 17, 2020, low back MRI shows derangement that \nis for all practical purposes identical to the derangement in her low back from her December 30, \n2020, lumbar spine CT scan. \n Prior to her alleged December 29, 2020, injuries the claimant had already been referred to \na pain clinic and a neurosurgeon for her low back difficulties. In fact, she reported to Dr. Joseph \nMiller at Transcend Pain, PA, that her back pain “started six years ago out of the blue and has \nbeen progressively worse.” \n The  credibility  of  witnesses  and  the  weight  to  be  given  to  their  testimony  are \nmatters solely within the province of the Commission.  Ringier America v. Combs, 41 Ark. App. \n47, 849 S.W.2d 1 (1993). \n The claimant’s testimony does not align with the medical records in evidence. I do note \nthat when she was seen by APRN Rowland on December 30, 2020, the medical record states that \nshe picked  a large man  up off the floor  at work  which increased her pain greatly. The claimant \ntestified that she reported that injury to Ms. Butler, the respondent’s human resources supervisor. \n\nBell – H208338 \n \n-15- \nMs. Butler denies any report of injury from the claimant on that day or any other, testifying that \nshe was first notified of the claimant’s allegations by the respondent’s attorney. \n The claimant is unable to prove that she sustained a compensable injury to her low back \non or about December 29, 2020. The claimant’s low credibility leads me to believe that no such \nincident even occurred on December 29, 2020. \n The claimant also alleges a compensable cervical spine injury in that same December 29, \n2020, incident. In the claimant’s description of the incident, she mentions no mechanism of \ninjury to her cervical spine. “We had tried to pick the gentleman up. Could not. Put the gait belt \naround him. We dug down real deep and finally go him up and about that time I felt a pop in my \nlower back.” \nThe  claimant  testified  on  direct  examination  about  when  her  cervical  spine  began  as \nfollows: \nQ Okay. Let’s talk about your neck, Now, initially even in the \nweeks before your felt the pop in your back and when you went the \nnext day, there was no mention of neck pain. \n \nA No. \n \nQ Okay. When did the neck pain begin? \n \nA A couple of days after getting hurt. \n \nQ After the incident? \n \nA Yes. \n \nQ So this would have put us around New Year’s Day? \n \nA Somewhere around there. \n \n On direct examination the claimant was asked about prior neck pain as follows: \n\nBell – H208338 \n \n-16- \nQ Okay. Again, let’s talk about the previous pain of your neck \nprior  to  the  date  of  the  incident.  Okay?  And  we  will  go  back  to \nthree-wheeler accident again. \n \n You indicated you did not see a doctor in those subsequent \nyears. \n \nA No. \n \nQ You were on no medication? \n \nA No. \n \nQ You had no surgeries or treatment? \n \nA No. \n \nQ But you did indicate in some of the medical records that it \nwould be on and off. Would it resolve itself? \n \nA Yes. \n \nQ Do you recall prior to the date of the incident when the last \ntime was that you had had several neck pain? \n \nA Years. Ten, 15 years. \n \nQ Okay.  So  you  hadn’t  had  any  neck  pain  in  a  very long \ntime? \n \nA Correct. \n \n On March 16, 2021, the claimant was seen by APRN Rowland. Following is a portion of \nthat medical report: \nReason for Visit: \nHeadache \n40-year-old  female  patient  in  today  with  complaint  of  severe \nheadache and occipital area with radiates up her head and down to \nher eyes. States “I feel like I am getting my eyes gouged out.” \nReports  she  has  had  regular  headaches  and  migraines  in  the  past \nhowever  she  has  never  had  a  headache  like  this  before.  The \nheadache is pulsating, she is not sensitive to light or sound. She has \nbeen  prescribed  Flexeril  for  cervical  pain  and  her  headaches.  She \n\nBell – H208338 \n \n-17- \nalso   has   numbness/tingling   down   bilateral   arms.   Was   given \nFlexeril  at  her  last  2  appointments.  Reports  the  Flexeril  “helps \nsome” however does not take the headache or pain fully away. She \nrotates  the  Flexeril  with  her  Hydrocodone,  which  she  takes  BID. \nShe  states  she  does  best  with  her  pain  and  headaches  if  she  could \ntake  a  Flexeril  in  the  morning,  one  in  the  afternoon  and  one  at \nbedtime.  She  states  if  she  does  not  take  one  before  bed  she  will \nwake  up  with  an  excruciating  headache  and  the  morning  one \nusually    has  worn  off  by  the  afternoon.  She  has  been  getting \nlumbar spinal injections per Dr. Miller; she states he recommended \ngetting an MRI of her neck. She also reports for the last 8 months \nshe  has  had  intermittent  spasticity  to  her  bilateral  arms/hands. \nWhen  she  is  holding  onto  something  all  of  a  sudden  her  arm  will \njerk  and  the  item  she  is holding  will  fly  out  of  her  hand.  She  also \nreports dizziness, even when sitting still. “Feels like the room is \nspinning.” This has been occurring for the last 3 weeks. She does \nalso report some congestion for the last 3 days. \n \n On March 23, 2021, the claimant underwent an MRI of the cervical spine. Following is a \nportion of that diagnostic report: \nImpression: \nSpondylosis  at  C3-4,  C4-5,  and  C5-C6  levels  with  posterior  disc \nbulging   causing   spinal   canal   stenosis   and   neural   foraminal \nnarrowing as described above. \n \n On  September  1,  2021,  the  claimant  was  seen  at  Baptist  Health  by  APRN  Billie  Jo \nNelson with a chief complaint of neck pain. Following is a portion of that medical record: \nChristine Marie Bell is a 41 y.o. year-old female seen at the request \nof Dang, Bao N, MD who comes to us with a history of neck pain \nfor  about  several  years  on  and  off,  this  episode  started  last  year. \nThe  pain  starts  at  the  base  of  her  skull,  bil. shoulder  pain  and  left \nsuprascapular area. No arm pain but she has bil. tingling sensation \nand numbness at times. Looking up increases her pain, no problem \nreaching  up.  She  reports  dropping  things  frequently.  No  physical \ntherapy, has seen a chiropractor in the far past. No CESI. \n \n Again, the claimant’s testimony does not align with the medical records. The claimant \ndenied recent neck pain prior to her injury but tells APRN Nelson that she has had neck pain on \nand off for several years. The claimant’s testimony about the incident  she alleges does not \n\nBell – H208338 \n \n-18- \ninclude  any  causal  connection  between the lifting  incident  and  her  neck  derangement.  The \nclaimant’s testimony was she just started having neck pain “a couple of days after getting hurt,” \nwhich is in stark contrast to her report to APRN Nelson of neck pain for several years on and off. \nHere the claimant is unable to prove that she sustained a compensable cervical spine injury on or \nabout December 29, 2020. \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  witnesses and  to  observe their demeanor,  the  following  findings  of  fact  and  conclusions  of \nlaw are 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 15, 2024, and contained in a Pre-hearing Order filed April 23, 2024, are hereby accepted as \nfact. \n 2. The claimant has failed to prove by a preponderance of the evidence that she sustained \na  compensable  injury  to  her  neck  and  low  back  on  or  about  December  29,  2020,  and/or \nDecember 30, 2020. \n 3. The claimant has failed to prove by a preponderance of the evidence that she is entitled \nto medical treatment for her alleged neck and low back injuries. \n 4. The claimant has failed to prove by a preponderance of the evidence that she is entitled \nto temporary total disability benefits from March 31, 2021, to a date yet to be determined. \n 5. The claimant has failed to prove by a preponderance of the evidence that her attorney \nis entitled to an attorney’s fee. \n \n\nBell – H208338 \n \n-19- \n ORDER \nPursuant  to  the  above  findings  and  conclusions,  I  have  no  alternative  but  to  deny  this \nclaim in its entirety. \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       HONORABLE ERIC PAUL WELLS \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H208338 CHRISTINE BELL, Employee CLAIMANT FIANNA HILLS NURSING REHAB CTR., Employer RESPONDENT AMTRUST NORTH AMERICA, Carrier RESPONDENT OPINION FILED JANUARY 28, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Ar...","fetched_at":"2026-05-19T22:44:47.095Z","links":{"html":"/opinions/alj-H208338-2025-01-28","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BELL_CHRISTINE_H208338_20250128.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}