{"id":"alj-H301603-2026-01-12","awcc_number":"H301603","decision_date":"2026-01-12","opinion_type":"alj","claimant_name":"Sherri Bass","employer_name":"National Opinion Research Ctr","title":"BASS VS. NATIONAL OPINION RESEARCH CTR AWCC# H301603 January 12, 2026","outcome":"denied","outcome_keywords":["granted:1","denied:3"],"injury_keywords":["wrist","cervical","back","shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BASS_SHERRI_H301603_20260112.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BASS_SHERRI_H301603_20260112.pdf","text_length":29737,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H301603 \n \nSHERRI BASS, Employee CLAIMANT \n \nNATIONAL OPINION RESEARCH CTR, Employer RESPONDENT \n \nTHE HARTFORD, Carrier RESPONDENT \n \n OPINION FILED JANUARY 12, 2026 \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in   Springdale, \nWashington County, Arkansas. \n \nClaimant unrepresented and appearing pro se. \n \nRespondents represented by RANDY P. MURPHY, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n On October  14,  2025,  the  above  captioned  claim  came  on  for  a  hearing  at  Springdale, \nArkansas.      A  pre-hearing  conference  was  conducted  on March  31,  2025,  and  a  Pre-hearing \nOrder  was  filed  on March  31,  2025.      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 \nFebruary 21, 2023. \n 3. The claimant sustained compensable injuries to her bilateral elbows, bilateral wrists, \nand right trigger finger on or about February 21, 2023. \n 4. The claimant’s weekly compensation rates will be determined at a later date. \n By agreement of the parties the issues to litigate are limited to the following: \n\nBass – H301603 \n \n-2- \n 1. Whether Claimant is entitled to additional medical treatment for her compensable right \ntrigger  finger,  left  elbow,  and  left  wrist  injuries;  and  to  additional  medical  treatment  for  her \ncompensable right elbow injury in the form of surgery. \n 2.  Whether  Claimant  is  entitled  to  temporary  total  disability  benefits  from  January  29, \n2024, to a date yet to be determined. \n 3. Respondents raise an independent intervening cause as cause for claimant’s need for \ntreatment under ACA § 11-9-102(F)(b)(III). \n 4. Claimant’s compensation rates. \n The claimant's contentions are as follows: \n“The   treatment   orders   were   never   full-filled.   Denied   claims. \nClaims they didn’t notify me were denied. They just told me ‘they \nwere working on it.’ Verbally abused by the treating physicians \nwith   false   diagnosis   and   accusations,   unlawfully.   Physically \nabused   by   the   treating   doctors,   for   not   giving   me   proper \nrestrictions  and  re-injuring  and  increasing  the  pain.  I  never  had  a \ncase manager. I had to contact The Hartford through Insta-Gram. I \nhave  real  injuries  that  have  yet  to  receive  any  treatment  at  all. \nVerbal  abuse  tactics  by  Randy  Murphy,  AAL  during  a  3  way  call \nwith the State Attorney. I’ve been begging for treatment for over a \nyear, for a 24 year physical career, that was ruined because of these \ninjuries.  Continued  injuries  for  being  returned  to  work  without \nrestrictions, over and over. There is a third claim for Cervical with \nan ER visit from 2022, that was denied after it was reported within \nthe  time  limits.  I  am  in  severe  pain  and  need  treatment.  I  can  no \nlonger afford to pay out of pocket. \n \nI  would  like  appreciate  restrictions  for  my  dx.  I  would  especially \nlike treatment. I would also prefer the Work Comp Commission to \nchoose where I receive my IME. I have requested IME’s, last year, \nso I could get treatment on my own, and be MMI’d. They refused \nto  do  this,  like  everything  else.  Mr.  Murphy  and  his  team  are \nbadgering  me  to  see  THEIR  out  of  town  doctor,  for  an  IME,  and \nwon’t agree to mediation or a Department Committee approved \nphysician. These records will also show discrimination. Also at the \nadvise of the State Work Comp Legal Department.” \n \n\nBass – H301603 \n \n-3- \n The respondents’ contentions are as follows: \n“Claimant has received all benefits to which she is entitled for her \ncompensable   work-related   injury.   Claimant   medical   records \nestablish  that  she  has  numerous  physical  and  emotional  problems \nwhich are unrelated to the compensable injury. The medical reports \nof  Dr.  Diemer,  Dr.  Benafield,  and  Dr.  Kelly  establish  that  her \npsychiatric    condition    is    a    non-work    related    independent, \nintervening cause which has caused and prolongs disability and her \nneeds for treatment. See Ark. Code Ann § 11-9-102(F)(b)(III).” \n \n The claimant in this matter is a 60-year-old female who sustained compensable injuries to \nher bilateral elbows, bilateral wrists, and right trigger finger on February 21, 2023, in a specific \nincident when she was lifting a bag from her car that the claimant has estimated to weigh 19 lbs. \nThe  claimant  has  asked  the  Commission  to  determine  if  she  is  entitled  to  additional  medical \ntreatment for her compensable right trigger finger, left elbow, and left wrist injuries and surgery \nfor her right elbow injury. \n The  claimant  was  originally  diagnosed  with  lateral  epicondylitis,  Enthesopathy  of  the \nright elbow, and Paresthesia of the upper limb by Ryan Huet, DO, at MedExpress in Bentonville, \nArkansas, on  February 28, 2023. The claimant has been treated or  evaluated by several doctors \nsince  that  time  including  Dr.  George  Diemel  and  Dr.  Robert  Benafield,  both  with  Ozark \nOrthopedics.  She  was  also  seen  by  Dr.  James  Kelly  with  Western  Arkansas  Plastic  and  Hand \nSurgery Center and Dr. Tyler Carllee with UAMS Health. Dr. Owen Kelly performed a medical \nrecords  review  and  gave  his  opinions  at  the  request  of  the  respondent  on  July  19,  2024.  The \nclaimant  also  underwent  an  independent  medical  evaluation  by  agreement  of  the  parties.  This \nadministrative law judge with the assistance of Susan Isaac, RN, with the Arkansas Workers’ \nCompensation  Commission,  selected  Dr.  Christopher  Arnold  to  perform  that independent \nmedical evaluation in December of 2024. The claimant has received an assortment of treatment \n\nBass – H301603 \n \n-4- \nand evaluations for her compensable injuries; including, but not limited to, MRIs of the elbows \nbilaterally,  MRI  of  the  cervical  spine,  upper  body  EMG  nerve  conduction  studies,  epidural \nsteroid shots, ultrasound guided ulnar nerve blocks, occupational therapy, physical therapy, and \nsplinting.  Both  Dr.  Owen  Kelly  and  Dr.  Arnold  provided  extensive  review  summaries  of  the \nmedical treatment and evaluation provided to the claimant. Dr. Owen Kelly’s report, authored at \nthe request of the respondent and dated July 19, 2024, is found at Respondents’ Exhibit 1, pages \n180-185. Dr. Arnold’s independent medical examination through the Commission is found at \nRespondents’ Exhibit 1, pages 187-197.  Both  of  the  summaries  provided  give  an  accurate  and \nfair assessment of the medical treatment and evaluation the claimant has received at least to the \nextent of the medical records provided into evidence by both parties prior to their reports.  \n At  the  hearing  in  this  matter  the  claimant  continued  to  complain  of  symptoms  and \ndifficulties that she has related to various doctors in the time period after her compensable injury. \nDr.  Benafield  saw  the  claimant  on  August  23,  2023.  Following  is  a  portion  of  that  medical \nreport: \nHPI \nThe  patient  seen  in  follow-up  for  her  right  ulnar  neuropathy  and \nright  trigger  digit.  She  began  the  interview  by  engaging  in  insults \nto me in my treatment of her MI ignoring of suppose it guidelines \nfrom  other  Administrative  bodies.  She  kept  reiterating  to  me  how \nshe could not do her job consisting of typing talking on the phone \nwriting down and carrying a 3 pound laptop. \n \n*** \nAssessment/Plan \nI  believe  the  patient  is  exhibiting  malingering  behavior  and  does \nnot  want  to  get  better  or  go  back  to  work.  At  the  end  of  the \ninteraction  I  advised  her  that  I  did  not  feel  that  she  and  I  were  a \ngood  fit  and  that  are  patient  doctor  relationship  was  irretrievable \nbroken and  I advised her to utilize the  change of  physician option \nwithin Arkansas Worker’s Comp. guidelines to find another hand \nsurgeon. As she was leaving she insulted my religious beliefs. \n\nBass – H301603 \n \n-5- \n \n1. Ulnar neuropathy of right arm \nG56.21: Lesion of ulnar nerve, right upper limb \n \n2. Trigger finger of right hand \nM65.351: Trigger finger, right little finger \n \n After the claimant was no longer able to see Dr. Benafield, she was seen by Dr. Diemel \non September 26, 2023. Following is a portion of that medical record: \nAssessment: \nMs. Bass returns to clinic today for a follow up. We discussed her \nclinical  course.  She  spent  the  first  20  minutes  of  the  visit  going \nthrough  a  list  of  grievances  against  Ozark   Orthopaedics,  Dr. \nBenafield, our therapy team and her WC carrier  as far as how she \nhas  been  treated.  She  states  she  is  frustrated  by  her  care  and  also \nnoted  that  she  has  attempted  to  get  in  touch  with  us  on  multiple \noccasions in attempts to  try to pursue different treatments. During \nthe  course  of  the  discussion,  she  outlined  different  dates  in  which \nshe had tried to reach out in hopes that she could get a “Toradol \nshot”.  She  did  state  that  somewhere  in  the  course  of  this  she \nultimately went to urgent care although it was unclear whether she \ndid in fact the get treatment she was looking for. She continued to \nreference  her  left  shoulder  and  arm  as  the  reason  for  the  need  to \ntreatment. Previous complaints had focused on the bilateral elbows \nwhich  is  what  initial  WC  injury  location  was  indicated  as  per  my \nunderstanding. Our previous workup had included cervical spine x-\nrays,  MRI  of  cervical  spine,  EMG/NCS  of  the  bilateral  upper \nextremities,   an   injection   for   the   right   elbow   to   assess   the \ncontribution of the ulnar nerve at the elbow, referral for orthopedic \nhand consultation and a considerable amount of therapy to address \nher bilateral upper extremity concerns. \n \nClinical  correspondence  from  8/18/2023  indicates  a  one  time, \napproval   from   her   WC   CM   regarding   evaluation   of   her   left \nshoulder and wrists which prompted today’s appointment. In the \ncorrespondence,  it  was  noted  that  approval  had  not  been  given \npreviously to evaluate these injuries. She states she was not aware \nof when this appointment was going to be made and had to look at \nthe  portal.  I  told  her  that  the  appointment  was  requested  by  her \nwork-comp  case  manager  which  she  states  she  has  not  spoken  to. \nShe   states   that   she   only   knew   about   this   appointment   after \nreferencing the portal. She stated that she didn’t know what she \nwas here but wanted to be sure to show up so “we couldn’t mark \n\nBass – H301603 \n \n-6- \nher  down  as  non-compliant.” I told her that I did not have any \nintention of making such a claim nor what “out to get her”. \n \nSo  summary  of  initial  discussion  regarding  this  appointment  from \nher  perspective  was  questioning  why  she  was  here  stating  she  did \nnot  request  this  appointment  be  made.  This  was  subsequently \nfollowed  by  the  aforementioned  outlining  of  grievances  she  had \nwith how her care had bene administered. She then went on to say \nthat  she  had  hired  an  attorney.  She  also  reached  out  to  the  Work-\nComp   State   Commission.   They   have   since   sent   her   up   an \nappointment  with  Dr.  Kelley,  and  she  has  an  appointment  on \nMonday, in Fort Smith to see him and establish care. \n \nNear the conclusion of the visit, she asked whether or not I would \nevaluate her left shoulder/arm. This was approximately 40 minutes \ninto her visit. Prior to the visit, I did review records indicating we \nhave done EMG/NCS of the upper extremities, cervical spine xrays \nand  cervical  spine  MRI.  We  have  also  sent  therapy  in  to  address \nher upper extremities complaints. Per her recollection, therapy did \nnot  do  anything  to  address  her  concerns.  Review  of  discharge \ntherapy records from 9/20/2023 indicated that she was “resistant” \nto  recommendations,  “argumentative”  and  requested  therapy \nelsewhere. \n \nAt this point given the history of prior interactions, the fact that she \nhas  on  her  own  accord  attempted  to  establish  care  and  has  a \npending  appointment  with  another  provider  through  the  work-\ncomp  system  which  has  apparently  been  orchestrated  with  her \nnewly acquired legal representation, and made references to taking \nlegal  action  against  my  orthopedic  hand  partner,  Dr.  Benafield,  I \ntold  her  that  I  would  hold  on  any  further  evaluation  of  her  new \npain complaints. Despite my explaining this to her, she also asked \nwither  or  not  she  could  receive  a  Toradol  shot,  which  I  politely \ndeclined.  I  did  not  take  a  detailed  history  of  injury  to  the  left \nshoulder.  I  did  not  inquire  about  prior  injuries  not  did  I  address \nwork   status   related   to   her   shoulder   injury.   From   my   prior \nevaluation, there are no functional limitations related to her elbows \n(initial  work  injury)  that  would  limit  her  ability  to  return  to  her \nprior work tasks which have been outlined previously as computer \nwork, administrative tasks and light duty activities. \n \nAgain, this visit was contentious and centered accusations that she \nhas not been provide the level of care that she expected. From prior \ninteractions, this stems from a differing opinion on whether she is \nable to continue her work activities as outlined. I truly believe she \n\nBass – H301603 \n \n-7- \nbelieves  that  she  cannot  perform  these  tasks.  Unfortunately,  all \nobjective data that  we have to make decisions from in the context \nof her initial WC injury does not support her belief that continuing \nthese  work  activities  will  result  in  irreversible  and  irreparable \nharm.  Any  attempts  at  discussing  a  return  to  work  plan  were  met \nwith   resistance.   My   interactions   seem   to   be   consistent   with \ndocumentation  from  Dr.  Benafield  and  our  occupational  therapy \nteam  about  interactions  they  have  also  had  with  Ms.  Bass.  At  this \npoint, I am not sure I have anything else further to add to her care. \n \nSummary \nWill hold on any further evaluation or treatment recommendations \ngiven  that  the  patient  has  established  care  with  another  provider \nthrough work-comp. \n \nNo   further   work   restrictions   per   my   recommendation   given \npending care through other provider. \n \nFollow up as needed. \n \n The claimant then began to see Dr. James Kelly, who eventually authored a letter to the \nCommission  dated  December  18,  2023,  and  is  found  at  Respondents’  Exhibit  1,  page  171. \nFollowing is the body of that letter: \nI am addressing his letter pertaining to Ms. Bass who presented to \nmy   office   today.   This   lady   is   suffering   from   severe   manic \ndepression.   She   is   almost   incoherent   and   unable   to   really \ncomprehend what I am trying to tell her. There is nothing surgical \nthat I can do for her, as most of her issues I believe are psychiatric. \nShe  may  very  well  have  issues  that  may  need  physical  treatment \nbut  with  her  current  psychiatric  state  I  am  not  able  to  do  this,  nor \ndo   I   think   anyone   else   would   be   able   to,   as   she   is   totally \ndecompensated.  I  am  addressing  his  letter  to  you,  basically  to \ninform  the  board,  I  am  not  treating  her  any  longer  and  she  really \nneeds  to  get  psychiatric  care,  which  has  nothing  to  do  with  a \nWorker’s Comp injury. I explained that to the patient as well, but I \nam sure she is not coherent enough to understand what I am trying \nto  get  across  to  her.  I  am  also  having  my  staff  contact  Anna \nMontgomery   at   Washington   Regional   who   she   listed   as   her \nprimary  care  doctor.  This  lady  certainly  needs  intervention  and \nneeds it urgently. I will try to get the primary care doctor involved, \nas well as obviously this is not within my practice scope. \n \n\nBass – H301603 \n \n-8- \n On  July  19,  2024,  Dr.  Owen  Kelly  performed  a  medical  records  review  of  the  claimant \nthat included the previously discussed medical treatment and evaluation summary at the request \nof the respondent. Dr. Owen Kelly also responded to four questions posed by the respondent as \nfollows: \nQUESTIONS: \n1. What complaints can be objectively related to the reported work \nrelated  incident  of  February  20,  2021  [February  21,  2023]?  After \nreviewing  the  records  and  the  provided  physician  statements  from \nDr.  James  Kelly  and  Dr.  Robert  Benafield,  the  bilateral  lateral \nepicondylitis  could  be  related  to  her  work  duties.  This  was  the \ndocumented initial complaint. \n \n2.  Has  Ms.  Bass  reached  maximum  medical  improvement  for  this \nreported  work  related  injury?  The  provided  records  indicate  that \nMs.  Bass  last  treated  in  June  of  2024  for  multiple  complaints  and \nthe elbows are one of them. Lateral epicondylitis isn’t considered a \none time injury. The records also indicate other non-physical, non-\nwork  related  issues  that  are  affecting  her.  Taking  into  account  the \ntwo  reputable  hand  surgeon  opinions  (Dr.  Benafield  and  Dr. \n(James) Kelly. She appears to be at MMI. \n \n3.  Is  there  any  permanent  impairment  noted  pursuant  to  the  AMA \nGuides  to  the  Evaluation  of  Permanent  Impairment  4\nth\n Edition? \nThere  is  no  of  permanent  impairment  for  the  bilateral  lateral \nepicondylitis. \n \n4.  Is  there  any  additional  medical  treatment  recommended  for  the \nreported work related injury? Other than conservative management \nof   the   lateral   epicondylitis,   no   further   imaging   or   testing   is \nrecommended. \n \n On December 27, 2024,  Dr. Arnold issued his independent medical  examination. At the \nconclusion of his report, Dr. Arnold gives the following diagnosis and opinion: \nDIAGNOSIS \n1.  Bilateral  chronic  lateral  epicondylitis  (based  on  mri/physical \nexam) \n2. No signs of cubital tunnel (based on normal emg/ncv) \n3. No signs of cervical radiculopathy (based on mri/physical exam) \n \n\nBass – H301603 \n \n-9- \nOPINION \n1. Claimant shows signs of symptom magnification \n2. No permanent impairment – at MMI \n3.   Claimant   has   failed   non-operative   treatment – no   further \ntreatment/studies necessary \n4. Would recommend sending for FCE \n \n The claimant then sees Dr. Tyler Carllee on January 31, 2025. The claimant indicates in \nhearing  testimony  that  she  was  able  to  see  Dr.  Carllee  by  obtaining  Medicaid  benefits.  Dr. \nCarllee’s medical report from that visit gives the following assessment/plan: \nAssessment and Plan: \n59-year-old    female    with    right    upper    extremity    symptoms \nconsistent   with   tennis   elbow,   cubital   tunnel   syndrome   most \nprevalent  on  the  right  elbow  without  frank  instability  but  subtle \ninstability  of  the  nerve,  triggering  of  the  ring  finger  on  the  right \nhand  at  the  A1  pulley  and  subacromial  impingement  on  the  right \nshoulder.   She   would   like   to   proceed   today   with   a   repeat \nsubacromial  injection.  I  am  happy  to  do  that  for  her.  She  is  an \nindication  and  candidate  for  ulnar  nerve  surgery  which  I  think \ntransposition would be the best option. I do not recommend doing \nany surgery however until she has completed her worker’s comp \nevaluation  with  a  functional  capacity  evaluation  of  the  upper \nextremities  and  have  that  completely  settled  before  having  any \nsurgery with me that is not covered by worker’s compensation. I \nthink  that  if  she  proceed  with  surgery  prior  to  this  it  will  be  very \ndifficult for her to distinguish symptoms related to her worker’s \ncomp  claim  verses  a  postoperative  scenario  after  having  had \nsurgery  on  her  elbow.  Happy  to  see  her  back  after  the  functional \ncapacity evaluation. \n \nRight subacromial injection \nAfter   obtaining   verbal   consent   from   the   patient   the   right \nsubacromial space with prepped in the standard sterile fashion with \nchlorhexidine.  A  time  out  was  done  confirming  the  laterality, \nprocedure  and  correct  patient.  Utilizing  an  anterior  entry  site  an \ninjection of 4 cc of 0.25% bupivacaine without epinephrine and 80 \nmg  of  Depo-Medrol  were  injected  into  the  subacromial  space \nwithout complication. The patient tolerated the procedure well and \na  band-aid  was  placed.  Information  about  the  injection  was  given \nto the patient. \n \n\nBass – H301603 \n \n-10- \n The claimant underwent right cubital tunnel syndrome surgery at the hands of Dr. Carllee \non June 9, 2025, at Willow Creek Women’s Hospital. Following is a portion of that operative \nreport: \nPreoperative Diagnosis \nRight cubital tunnel syndrome \n \nPostoperative Diagnosis \nCubital tunnel syndrome \n \n The  claimant  saw  Dr.  Carllee  for  a  follow-up  appointment  on  September  3,  2025. \nFollowing is a portion of that medical report: \nHistory of Present Illness \nSherri Lynn Bass is a 60 y.o. year old female patient. \nShe  is  12  weeks  out  from  surgery.  I  had  recommended  starting \nformal P.T. from the above procedure. She saw Chris Kelsey with \nTRM one time. She was given some home exercises. She is having \na  few  things  going  on  today.  She  is  having  olecranon  bursal  pain \nwith  resting  the  elbow,  she  has  persistent  triggering  of  the  right \nring  finger,  she  has  soreness  in  the  thumb  and  entire  hand  with \nintrinsic  muscle  exercises.  She  was  unable  to  continue  these \nbecause  of  hand  soreness.  She  has  some  paresthesias  over  the \nthumb  and  ulnar  long  finger.  She  also  feels  dullness  to  sensation \nover the olecranon area and incision. \n \nIn the past I have also evaluated her trigger finger of the right ring \nfinger.  She  was  scheduled  to  have  it  injected  at  the  time  of  her \nright  elbow  surgery  but  the  day  of  the  surgery  did  not  want  to  do \nthis because her symptoms were not bothering her enough. \n \nShe  has  also  been  evaluated  by  me  and  others  for  the  left  elbow. \nShe  has  had  cubital  tunnel  syndrome  with  this  side  as  well  for \nroughly  the  same  length  of  time  as  the  right  side.  She  has  tried \ntaking gabapentin, Cymbalta, and lyrica historically without relief. \nShe  has  had  side  effects  from  this  medication  that  are  limiting \nincluding grogginess and cognitive disturbances. \n \nHer  shoulder  is  doing  better  after  her  subacromial  injection  in  the \nright shoulder. \n \n*** \n\nBass – H301603 \n \n-11- \nAssessment and Plan \nSherri Lynn Bass is a 60 y.o. year old female patient. The patient is \nhere  for  a  Follow  up  for  the  right  ulnar  nerve  transposition \nperformed on 6-9-25. \n \nShe  is  not  interested  in  any  surgical  treatments  for  her  left  arm  or \ntrigger  finger  on  the  right  ring  finger  at  this  time.  I  do  think  a \ntrigger  finger  release  is  something  that  may  benefit  her  in  the \nfuture.  We  discussed  trying  to  get  all  the  way  recovered  from  her \nulnar  nerve  transposition  on  the  right  before  we  consider  doing \nanything on the left side. She will continue to do home exercises to \nwork  on  intrinsic  hand  strengthening.  I  do  think  some  of  her \nsymptoms  around  the  incision  with  numbness  and  dull  sensation \nare  going  to  improve  with  time  and  our  products  of  the  surgical \nincision  there  are  within  the  realm  of  normal.  I  do  think  she  has \ncubital tunnel on the left elbow with similar symptoms as the right. \nShe  has  also  had  lateral  epicondylitis  symptoms  on  both  elbows \nthat  we  have  treated  nonsurgically.  I  am  happy  to  see  her  back  in \nfuture as needed. \n \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). \nIt is the claimant’s burden to prove that she is entitled to additional medical treatment, \nand I find the claimant is unable to so. I recognize the treatment and surgical intervention that the \nclaimant underwent at the hands of Dr. Carllee after her independent medical evaluation by Dr. \nArnold.    However,    the    greater    weight    of    medical    evidence    points    to    the    claimant \noverexaggerating  her  symptoms  and  difficulties.  Given  the  opinions  of  Dr.  Benafield, Dr. \nDiemel, Dr. James Kelly, Dr. Owen Kelly, and Dr. Arnold, I find the claimant has failed to prove \nthat she is entitled to additional medical treatment. \n The claimant has also asked the Commission to determine if she is entitled to temporary \ntotal disability benefits from January 29, 2024, to a date yet to be determined.  \n\nBass – H301603 \n \n-12- \nA  claimant  who  suffers  a  scheduled  injury  is  entitled  to  receive  temporary  total  or \ntemporary  partial  disability  benefits  during  their  healing  period  or  until  they  return  to  work, \nregardless  of  whether  there  is  a  total  incapacity  to  earn  wages. Wheeler  Construction  Co.  v. \nArmstrong,  73 Ark. App. 146, 41 S.W. 3d 822 (2001). \n Upon  review  of  the  medical  evidence  submitted  by  both  parties  during  the  period  of \nJanuary 29, 2024, and forward, I find no evidence of the claimant being removed from work by a \nmedical  provider. Also,  I  am  in  agreement with  Dr. Arnold,  who  found  the  claimant  to  be  at \nmaximum  medical  improvement  in  his  December  27,  2024,  independent  medical  examination, \nand Dr. Owen Kelly in his report dated July 19, 2024, in which he states, “she appears to be at \nMMI.” \n In an August 3, 2023, visit with Dr. Diemel, his report in part states, “Again, I do not feel \nthere needs to be any further work restrictions as it relates to time. I will defer a final decision to \nDr. Benafield to whether or not she feels she still needs to observe the 10# weight restriction, or \nif any  surgical  treatment  of  her  elbow  needs  to  be  considered.  If  he  does  not  feel  that  she  is  a \nsurgical candidate, I need to finalize her WC case with declaration of MMI and FCE. I would be \nhappy to assist.” \n In her next visit with Dr. Benafield on August 23, 2023, that medical record in part states, \n“She kept reiterating to me how she could not do her job consisting of typing talking on the \nphone  writing  down  and  carrying  a  3 pound laptop.” ... “I believe the patient is exhibiting \nmalingering behavior and does not want to get better or go back to work.” Dr. Benafield went on \nto end the patient/doctor relationship with the claimant during that visit.  \n The claimant again saw Dr. Diemel on September 26, 2023. That medical record in part \nstates,  “From  my  prior  evaluation,  there  are  no  functional limitations  related  to  her  elbows \n\nBass – H301603 \n \n-13- \n(initial work injury) that would limit her ability to return to her prior work tasks which have been \noutlined previously as computer work, administrative tasks, and light duty activities.” \n The claimant has failed to prove by a preponderance of the evidence that she is entitled to \ntemporary total disability benefits from January 29, 2024, to a date yet to be determined. \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 FINDINGS OF FACT & CONCLUSIONS OF LAW \n 1.  The  stipulations  agreed  to  by  the  parties  at  the  pre-hearing  conference  conducted  on \nMarch 31, 2025, and contained in a Pre-hearing Order filed March 31, 2025, are hereby accepted \nas fact. \n 2. The claimant has failed to prove by a preponderance of the evidence that she is entitled \nadditional  medical  treatment  for  her  compensable  right  trigger  finger,  left  elbow,  and  left  wrist \ninjuries and to additional medical treatment for her compensable  right elbow injury in the form \nof surgery. \n 3. The claimant has failed to prove by a preponderance of the evidence that she is entitled \ntemporary total disability benefits from January 29, 2024, to a date yet to be determined.  \n 4. The respondents’ issue raised of independent intervening cause is moot. \n 5. The claimant’s compensation rates issue is moot. \n ORDER \nPursuant  to  the  above  findings  and  conclusions,  I  have  no  alternative  but  to  deny  this \nclaim in its entirety. \n\nBass – H301603 \n \n-14- \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. H301603 SHERRI BASS, Employee CLAIMANT NATIONAL OPINION RESEARCH CTR, Employer RESPONDENT THE HARTFORD, Carrier RESPONDENT OPINION FILED JANUARY 12, 2026 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas. Claim...","fetched_at":"2026-05-19T22:32:38.489Z","links":{"html":"/opinions/alj-H301603-2026-01-12","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BASS_SHERRI_H301603_20260112.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}