{"id":"alj-H303403-2024-01-23","awcc_number":"H303403","decision_date":"2024-01-23","opinion_type":"alj","claimant_name":"Melony Workman","employer_name":"Tec, The Employment Co., Inc","title":"WORKMAN VS. TEC, THE EMPLOYMENT CO., INC. AWCC# H303403 JANUARY 23, 2024","outcome":"granted","outcome_keywords":["granted:6","denied:4"],"injury_keywords":["carpal tunnel","wrist","back","cervical","neck"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WORKMAN_MELONY_H303403_20240123.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WORKMAN_MELONY_H303403_20240123.pdf","text_length":34020,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H303403 \n \nMELONY WORKMAN, Employee CLAIMANT \n \nTEC, THE EMPLOYMENT CO., INC., Employer RESPONDENT NO. 1 \n \nWHITEROCK CAPITAL ACQ. FUND \nd/b/a FABTECH, Employer RESPONDENT NO. 2 \n \nMIDWEST INS. CO., Insurance Carrier/TPA RESPONDENT NO. 1 \n \nFEDERAL INS. CO., Insurance Carrier/TPA RESPONDENT NO. 2 \n \n \n \n OPINION FILED JANUARY 23, 2024 \n \nHearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, \nSebastian County, Arkansas. \n \nClaimant represented by MICHAEL L. ELLIG, Attorney at Law, Fort Smith, Arkansas. \n \nRespondents No. 1 represented by JAMES A. ARNOLD II, Attorney at Law, Fort Smith, \nArkansas. \n \nRespondents No. 2 represented by DAVID C. JONES, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n On October 26, 2023, the above captioned claim came on for a hearing at Fort Smith, \nArkansas. A pre-hearing conference was conducted on August 21, 2023, and a Pre-hearing \nOrder was filed on August 22, 2023. A copy of the Pre-hearing Order has been marked \nCommission's Exhibit No. 1 and made a part of the record without objection. \n At the pre-hearing conference the parties agreed to the following stipulations: \n 1. The Arkansas Workers' Compensation Commission has jurisdiction of this claim. \n\nWorkman – H303403 \n \n-2- \n 2. The relationship of employee-employer-carrier existed between Respondent No. 1 \nfrom September 22, 2022, until December 18, 2022, and between Respondent No. 2 from \nDecember 19, 2022, until April 23, 2023. \n 3. The claimant was earning sufficient wages to entitle her to compensation at the weekly \nrates of $427.00 for temporary total disability benefits and $321.00 for permanent partial \ndisability benefits for Respondent No. 1, and $380.00 for temporary total disability benefits and \n$285.00 for permanent partial disability benefits for Respondent No. 2. \n 4. 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 1. Whether Claimant sustained a compensable injury to her bilateral hands and wrists in \nthe form of Carpal Tunnel Syndrome beginning on or about October 7, 2022, through April 27, \n2023; and whether Claimant was an employee of Respondents No. 1, Respondents No. 2, or \nboth, from October 7, 2022, through April 27, 2023. \n 2. Whether Claimant is entitled to medical treatment for compensable bilateral hand and \nwrist injury. \n 3. Whether Claimant is entitled to temporary total disability benefits from April 28, 2023, \nto a date yet to be determined. \n 4. Whether Claimant’s attorney is entitled to an attorney fee. \n 5. Respondents raise lack of notice as a defense in that the June 9, 2023, AR-C was the \nfirst notice of any alleged work-related injury. \n The claimant's contentions are as follows: \n“The claimant contends that as a result of her day to day \nemployment activities, she has sustained compensable injuries to \nher wrist and hands, which is in the form of bilateral carpal tunnel \n\nWorkman – H303403 \n \n-3- \nsyndrome. She contends that these injuries have reasonably \nrequired and will continue to require medical services (including \nsurgical intervention). She also contends that these injuries have \ncaused her to be temporarily totally disabled from April 28, 2023, \nthrough a date yet to be determined. Finally, she contends that her \nattorney is entitled to the statutory fee on all appropriate benefits \nsubsequently awarded.” \n \n Respondents No. 1’s contentions are as follows: \n“TEC disputes at this time that it was the employer of the Claimant \nat the time of the of the alleged injury and therefore states that it \nhas no liability for any compensation benefits that may be due or \nbecome due.” \n \n Respondents No. 2’s contentions are as follows: \n“1. Respondents No. 2 contend that the Claimant was not an \nemployee of Respondent No. 2 on October 7, 2022, the date of the \nalleged gradual-onset injury. \n \n2. Respondents No. 2 contend that the Claimant did not technically \nbecome an employee of Respondent No. 2 until December 2022, \nwith the specific date of her hiring to be supplemented at a later \ndate. \n \n3. Respondents No. 2 contend that the Claimant did not sustain \ncompensable carpal tunnel syndrome during the course and in the \nscope of her employment with Respondent No. 2. In that regard, \nRespondents No. 2 contends that the “major cause” of the \nClaimant’s carpal tunnel syndrome was not a result of her work \nactivities for Respondent No. 2. \n \n4. In the alternative, Respondents No. 2 contend that if the claim is \nheld compensable, the Claimant would not be entitled to any \nbenefits until the date of notice, with the date of notice being June \n9, 2023, pursuant to the Form AR-C filing. \n \n5. Respondents No. 2 contend that they would be entitled to an \noffset for any group health carrier, disability carrier, and/or \nunemployment benefits paid to or on behalf of the Claimant, \nshould the Claimant have applied for and received any said \nbenefits. \n \n\nWorkman – H303403 \n \n-4- \n6. Respondents No. 2 would reserve the right to amend and \nsupplement their contentions after the discovery has been \ncompleted.” \n \n The claimant in this matter is a 44-year-old female who alleges to have sustained \ncompensable bilateral carpal tunnel syndrome in her hands and wrists beginning on or about \nOctober 7, 2022, through April 27, 2023. The claimant worked in a factory setting that \nmanufactured metal parts. This matter involves two respondents: Respondent No. 1, which is a \ntemporary employment agency, and Respondent No. 2, which is in the business of manufacturing \nmetal parts. \n The claimant worked at Respondent No. 2’s manufacturing facility beginning September \n22, 2022, but was an employee of Respondent No. 1, a temporary employment agency. The \nclaimant’s employment with Respondent No. 1 ended on December 18, 2022. On December 19, \n2022, the claimant remained in the same job at Respondent No. 2’s facility, but also became \nemployed by Respondent No. 2 at that time. The claimant continued in the employment of \nRespondent No. 2 until April 23, 2023. \n The claimant, while employed by both Respondent No. 1 and Respondent No. 2, had the \nsame work activities. The claimant described those activities on direct examination as follows: \nQ Okay. And would you describe for the Judge what your job \nthere involved. \n \nA Each day we would come in. They have a metal laser cutter \nand we would cut out pieces of metal, various sizes and weights \nand material, that we would break out other pieces, large sheets. \nAnd there we would – usually either we would block them like a \ntwo- to five-pound piece of metal. We would block it to knock the \nburs, the metal burs off the fresh cutout metal. \n Then after that we would continue the process of going to \nbelt sanding each and every piece, both sides. Then we would use a \nDA palm sander and a grinder and this was hundreds to a thousand \n\nWorkman – H303403 \n \n-5- \nparts sometimes a night, every day for ten hours. We would belt \nsand and DA every part. \n \nQ And when you are knocking the burs off, what did that \ninvolve? \n \nA They have a stainless steel block and like I said, it weighed \nbetween two to, you know, three pounds or something like that and \nwe would take it and rake it across the metal part, the steel part, \nand bust off the little pieces of slag that was still on the metal part. \nAnd you just had to bust it off there with the weight of the block in \nyour hand and then stack them up and then continue on with this \nprocess. \n \nQ Was the metal in a vise or was something holding it? \n \nA No. \n \nQ Or did you hold it by hand? \n \nA We would hold it by hand with one hand and with the other \nwe would block it. \n \nQ Okay. Were there a number of different pieces and shapes \nand things? \n \nA Absolutely, yes. They varied from an inch, by an inch size, \nand in that case there would be buckets with thousands of parts in \nthere or at least several, several hundred in a big tote. And we \nwould have to do each and every piece the same way. We would \nbelt sand it and then grind it and then sand every part. \n \nQ Describe, if you would, more in detail what this involved. \nYou would take the part out a bucket or off a pallet or a flat or \nwhatever? \n \nA Exactly. And then like I said, we would block it if that was \nthe type of metal. If it was aluminum, we didn’t have to do that. \nWe would just belt sand every side of the part and then we would \nstack it back up. \n And then after that, we would either grind it if it needed \ngrinding or – and every part when it was aluminum, both sides \nalways got DA sanded with a palm sander, a vibrating little palm \nsander. And every part if it was aluminum always got sanded on \nboth sides. \n\nWorkman – H303403 \n \n-6- \n \nQ Do you have any idea how many parts you would run a \nday? \n \nA It varied from day-to-day, but there were – one part in \nparticular, I couldn’t know for sure, we did between 1,000 and \n1,200 a night of this one particular steel-like gear-type thing. \n Another process that we did to that exact same part, we \nwould stack up after, you know, we would do the belt sanding and \nthe grinding and the DA into it, and then there were little holes in it \nand I would have to take a drill tap and I would put the threads in \nthe holes and that would consist of me holding the button down, \ndrilling it through and then pushing another button to hold down \nand raising it back up out of there. And I had to do that for like \nnine holes on each piece, the same amount, like 1,200 pieces, nine \ntimes. \n \nQ And how many hours would you do this type of work a \nshift? \n \nA Ten. \n \n On direct examination the claimant was asked about when her symptoms began, and her \ninitial medical treatment as follows: \nQ Now, when did you start having problems with your hands? \n \nA I mean it was – I remember mentioning it to my doctor \nabout how they were kind of going numb pretty early in October \nwhen I went to the doctor for something unrelated to this. And I \nmentioned to her, you know, that I was having some tingling in my \nhands. So early in October, I guess. Middle of October. \n \nQ When these problems started, was it just tingling? \n \nA Yeah, it was tingling and a little bit of numbness. \n \nQ At that time did you know what was causing this problem? \n \nA No, sir. I wasn’t real sure. \n \nQ Did you see a doctor? \n \n\nWorkman – H303403 \n \n-7- \nA I mean I was going to a primary already and I mentioned to \nher what was going on. And the next time I went back later on that \nmonth, I told her it had progressed because it had. It had gotten to \nwhere it was shooting pains up my arm, up my forearm. And she \nprescribed me some prednisone steroid of some sort and a couple \nother like muscle relaxants – not relaxants. They were – \nmeloxicam is what it was, I remember, and it was supposed to help \nwith that sort of pain, but none of them did anything for my hands. \n \nQ Before you saw your PCP, did you see a chiropractor? \n \nA Yeah. I did that out of my own pocket just to – I wasn’t \nsure. I was trying to eliminate, you know, things that might \npossibly be what was wrong. I wasn’t sure. I thought it might be \nlike a pinched nerve in my back or something, you know. So I \nwent to the chiropractor and told her what my symptoms were and \ncould you help, you know, because the pain had gotten so bad that, \nI mean, I would cry before I would go to work sometimes. I would \ncry when I woke up. \n \n The claimant was seen at UAMS Family Medical in Fort Smith by Dr. Cassidy Goff on \nOctober 7, 2022, for a variety of complaints including her bilateral hand symptoms. Following is \na portion of the medical record from that visit: \nThe patient is here for an ER follow up. \n \nShe was seen in the ED for hypertension in July. Her BP was \n178/97 in the Ed when she went. She was put on \nhydrochlorothiazide 12.5mg for 30 days. She did take her BP on \nthat medication but reports that it was still in the 140s and 150s. \nShe ran out of the meds over a month ago and was unable to get a \nrefill since she did not have a PCP. Her BP is 124/96 today. She \nstates that this is the lowest her systolic has been since she started \nchecking it. She reports that it usually runs in the 140s and 150s. \n \nShe also reports numbness and loss of grip strength in both of her \nhands that radiate up her arms. She reports that this happened once \nabout 19 years ago but resolved on its own quickly. This time it \nhas not gone away and continues to get worse. The distribution \nappears to be in the C7 area. \n \n\nWorkman – H303403 \n \n-8- \n The claimant continued to be employed by Respondent No. 1 and worked in Respondent \nNo. 2’s facility as she was not restricted in any activities. As seen in Dr. Goff’s October 7, 2022, \nrecord of the claimant’s visit, Dr. Goff believed the claimant’s symptoms in her hands to be \nrelated to her cervical spine and continued to treat those symptoms as such. \n On October 25, 2022, the claimant was again seen by Dr. Goff, her primary care \nphysician at UAMS Family Medical. Following is a portion of that medical record: \nThe patient is here for a follow up. \n \nShe reports that she is still having the numbness and tingling of her \narms and hands. It is now both arms and it has continually gotten \nworse. She did not go to the physical therapy that I ordered \nbecause she has been too busy to call them back. She reports that \nshe is unable to even use a lighter at this time. She feels that her \nhands are drawing up. \n \nShe was also started on lisinopril at her last appointment. She is \ncurrently taking lisinopril 5mg daily. She brought in bp readings \nfrom each day that are averaging 156/95. She is open to increasing \nher medication dosage. \n \n On December 18, 2022, the claimant’s employment with Respondent No. 1 ended and \nher employment with Respondent No. 2 began on December 19, 2022. During this time the \nclaimant continued with the same work activities that she had previously been performing while \nan employee of Respondent No. 1. \n The claimant’s complaints of difficulties in her hands continued and she again saw Dr. \nGoff on January 6, 2023. Following is a portion of that medical record: \nThe patient is here for a follow up on her hypertension and C7 \nradiculopathy. \n \nShe states that her BP has been better since increasing her \nlisinopril to 10mg. It is 130/84 today which is down significantly \nsince last visit. She denies any issues with her BP or side effects \n\nWorkman – H303403 \n \n-9- \nfrom the increase in medication. We will continue at this dose for \nnow. \n \nShe states that her C7 radiculopathy has not improved. She states \nthat when she took the prednisone that she had some pain relief but \nit only lasted as long as she was on the medication. She reports no \nrelief with the Meloxicam. She did go to physical therapy but \nreports that it only made her hurt worse. However, she has noticed \nsince physical therapy that the pain is no longer at her neck and \nupper arms, but is only located in her forearms and hands. She \ndescribes it as burning and tingling along with numbness and loss \nof grip strength. She reports a tightness in the muscles of her \nforearms as well. \n \n On January 18, 2023, a medical record introduced into evidence records a message left by \nthe claimant to Dr. Goff. That message states: \nDr. Goff, \nI don’t think the gabapentin is helping at all. Or I’m just not taking \nenough. Cause my hands are hurting extremely bad. Like the meds \nare not helping any. Can we please do something different soon? \n \n On January 21, 2023, the claimant sends another message to Dr. Goff, which states: \nDr. Goff, \nSomething has to change with what we are doing for my hands. \nThey are getting worse. Starting to swell some. The pain and \nnumbness is pretty much constant. My muscles or tendons in both \nhands feel like they are cramping up. Or drawing up. When I try to \npick any sort of weight up, it feels like a popping of something in \nmy hands. It hurts extremely bad. Please, can we do something \nsoon. I don’t want this to get even worse. Or wind up having \npermanent results. I’m willing to try anything. The meds I’m on \nare doing nothing at all for me. Nothing. \n \nDr. Goff responds on January 23, 2023, as follows: \nI have ordered a neck XR in clinic for you to come by and get \nwhenever you can. I also have ordered a nerve conduction test. The \nXR is necessary in order for us to be able to get an MRI. We will \nstart with the neck since it is b/l pain and we will go from there. As \nsoon as I have XR results I can order the MRI. \n \n\nWorkman – H303403 \n \n-10- \n On February 19, 2023, the claimant underwent a nerve conduction study performed by \nDr. Miles Johnson at Northwest Arkansas EMG Clinic. Following is a portion of Dr. Johnson’s \nreport from that diagnostic testing: \nCHIEF COMPLAINT: Pain, numbness and tingling in the hands. \n \nHISTORY OF PRESENT ILLNESS: Patient is a 43-year-old right-\nhanded female with a 4-month history of bilateral hand pain, \nnumbness, tingling, burning, and weakness. Symptoms are worse \nwith gripping or when she is sleeping. Some improvement with \nhanging the extremities in a dependent position or shaking them. \nDenies any radiating neck pain. Patient has been seen by Dr. Gills \nand is referred for electrodiagnostic testing of the bilateral upper \nextremities. \n \n*** \nASSESSMENT: Severe bilateral carpal tunnel syndrome. There is \nno electrodiagnostic 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 follow up appointment in \nyour office for further evaluation in order to utilize these results on \nthe treatment/management of their condition. Would recommend \nevaluation of bilateral carpal tunnel releases. \n \n On February 20, 2023, the claimant underwent a CT of the cervical spine without contrast \nat Baptist Health in Fort Smith. Dr. Ismail Ihmeidan issued a diagnostic report from the \nclaimant’s cervical CT. The Impression section of that report states: \nImpression: \nRadiographic interpretation and impression: \nDextroscoliosis of the cervical spine with extensive degenerative \ndisc and facet joint disease causing moderate foraminal narrowing \nmore pronounced on the left at C5-C6 level and on the right at C3-\nC4 level. No acute compression fractures are identified. Moderate \ncanal stenosis also seen at C5-C6 level. \n \n\nWorkman – H303403 \n \n-11- \n On February 28, 2023, Dr. Goff leaves a message for the claimant regarding the \nclaimant’s recent testing. Dr. Goff’s notes of that message state: \nI called and left a message for the patient to go over her MRI and \nnerve conduction study results. Both studies were abnormal. The \nnerve conduction study showed severe bilateral carpal tunnel and \nthey recommended a carpal tunnel release. Her MRI showed \nsevere cervical degeneration and moderate foraminal stenosis. We \nhave already referred her to Neurosurgery for this so she will need \nto set up an appointment. \n \n On March 2, 2023, the claimant returns Dr. Goff’s call and Dr. Goff records notes about \ntheir telephone interaction as follows: \nThe patient called back and I went over the results with her. I told \nher the next course of action was a b/l carpal tunnel release which \ncan be done by neuro or ortho whichever is quickest. I will check \nwith referrals for this to see who we can get her in with quicker. \nShe has already been referred to neuro surgery and is waiting on an \nappointment. She will also need to see neuro for her cervical spine. \n \nDr. Goff referred the claimant to Baptist Orthopedics at that time with the following scheduling \ninstructions found at Claimant’s Exhibit 1, page 34, “Please schedule with ortho or neuro, \nwhoever would be able to get her in quicker for a b/l carpal tunnel release that is a very severe \ncase.” \n On May 23, 2023, the claimant was seen by Dr. Kaleb Smithson, who is an orthopedic \nsurgeon that specializes in hands and upper extremities. Following is a portion of that medical \nreport: \nChief Complaint: Bilateral hand numbness. \n \nHistory of Present Illness: Melony A. Workman is a 43 y.o. right \nhand dominant female patient. Presents today for severely \nworsening numbness and tingling involving her thumb index and \nlong finger of both hands on right worse than left. This initially \nbegan in November 2023. She had a physically demanding job \nwith vibratory tools which significantly exacerbated her symptoms. \n\nWorkman – H303403 \n \n-12- \nRecently had a NCS/EMG completed and is here today with results \nto discuss. No history of diabetes. Pack per day smoker. \n \n*** \nImpression/Plan: \n1. Bilateral wrist pain (Primary) \n- XR Wrist 3 Vw Bilat \n \n2. Severe carpal tunnel syndrome, right. \n \n3. Severe carpal tunnel syndrome, left \n \nSevere bilateral CTS, right more symptomatic. Discussed carpal \ntunnel decompression in detail including perioperative \nexpectations and postoperative recovery. All questions were \nanswered and she elected to proceed. \n \nI have discussed with the patient the relevant risks, benefits and \nalternatives to proposed procedure. The risks include but are not \nlimited to anesthesia complications, pain, bleeding, infection, \ndamaged structures, and the potential need for additional surgical \nintervention. The patient expresses verbal understanding and \ndesires to proceed with surgery. \n \n The claimant continued to work without restrictions until April 23, 2023, when she was \nfired due to her attendance or “no call, no show.” The claimant testified on cross examination by \nRespondent No. 2’s attorney about knowledge of how to report a workplace injury and her lack \nof reporting her bilateral hand and wrist difficulties while employed by both Respondent No. 1 \nand Respondent No. 2 as follows: \nQ And you are not disputing and I think you told us in your \ndeposition, and you were very upfront about it, that you new how \nand when to report work-related injuries? \n \nA Yes, sir. \n \nQ All right. In fact, you didn’t ever go to – while you may \nhave complained to Bee – and we are going to call him Bee today. \n \nA Yes, sir. \n \n\nWorkman – H303403 \n \n-13- \nQ You may have complained, but you never said, hey, I have \na work-related injury and I want to file a claim? \n \nA No, sir. \n \nQ Okay. And you didn’t file a claim when you worked for \neither TEC or when you worked for Fab-Tech? \n \nA No, sir. \n \nQ Okay. It was after – \n \nA After I got the nerve conduction. \n \nQ -- you were terminated. Essentially, you quit coming in and \nno call, no show as they say? Is that fair to say? \n \nA Yes, sir. \n \nQ And I think you even told me in the deposition you didn’t \nknow – you told Bee you didn’t know what was going on with \nyour arms and hands. Is that fair to say? \n \nA Yeah. I couldn’t pin it on one thing in particular. I didn’t \nknow. \n \nQ Right. And when you were hired on with actually Fab-\nTech, White Rock, you went through their orientation process as \nwell; correct? \n \nA. Yes. \n \nRespondent No. 2 called Siensavanh Phothisane, who supervised the claimant while she was \nemployed by both Respondent No. 1 and Respondent No. 2. Mr. Phothisane is commonly known \nas “Bee” as a witness. Mr. Phothisane confirmed the claimant’s testimony that she did not report \na workplace injury. \n It is the claimant’s burden to prove that she sustained a compensable injury to her \nbilateral hands and wrists in the form of carpal tunnel syndrome. The claimant alleges a wide \ntime period from October 7, 2022, through April 27, 2023, for her alleged bilateral carpal tunnel \n\nWorkman – H303403 \n \n-14- \ninjury to have culminated, that alleged period spanning the employment with both Respondent \nNo. 1 and Respondent No. 2. The claimant is able to show objective medical findings of bilateral \ncarpal tunnel syndrome in the results of her February 9, 2023, nerve conduction study performed \nby Dr. Johnson. In fact, Dr. Johnson described “severe bilateral carpal tunnel syndrome” in his \nassessment of the claimant. The claimant is able to prove the existence of objective medical \nevidence of bilateral carpal tunnel syndrome. \n The claimant first reported difficulties with her hands to Dr. Goff, her primary care \nphysician, on October 7, 2022. The claimant reported “numbness and loss of grip strength in \nboth of her hands that radiated up her arms.” The claimant also reported at that visit a similar \nissue with her hands 19 years prior that quickly resolved on its own. The claimant’s bilateral \nsymptoms continued to worsen. At her October 25, 2022, visit with Dr. Goff, she reported the \nclaimant was “unable to even use a lighter at this time” and “she feels her hands are drawing up.” \nDr. Goff appeared to treat her bilateral hand complaints as a result of a cervical spine issue. \nHowever, in the claimant’s subsequent visits her bilateral hand complaints continue to worsen. \n The claimant’s work was very hand intensive for both Respondent No. 1 and Respondent \nNo. 2 in that it was the same work activities. The claimant’s testimony was collaborated by Mr. \nPhothisane in his testimony. Given the nature of the claimant’s work activities, medical records \nin evidence, and her objective medical findings, I find the claimant sustained compensable \nbilateral carpal tunnel syndrome. I find that the claimant’s bilateral carpal tunnel syndrome \nculminated by at least October 25, 2022. During that period of time the claimant was employed \nby Respondent No. 1. While the claimant’s condition continued during the period of time she \nwas employed by Respondent No. 2, the culmination of that injury had already occurred as she \nwas not an employee of Respondent No. 2 until December 19, 2022. Respondent No. 2 has no \n\nWorkman – H303403 \n \n-15- \nliability in this matter as the claimant is unable to prove she sustained bilateral carpal tunnel \nsyndrome while employed by Respondent No. 2 as she had already sustained bilateral carpal \nsyndrome while employed by Respondent No. 1 in October 2022. \n The claimant has asked the Commission to determine whether she is entitled to \nreasonable and necessary medical treatment for her compensable bilateral carpal tunnel \nsyndrome. The claimant is entitled to reasonable and necessary medical treatment including \nsurgical intervention recommended by Dr. Smithson at Baptist Health Orthopedics which had \nnot performed at the time of the hearing in this matter. \n The claimant has asked the Commission to determine whether she is entitled to \ntemporary total disability benefits from April 28, 2023, to a date yet to be determined. I find no \nevidence in the medical record of the claimant being taken off work or given restriction to her \nphysical activities by a medical provider. The claimant’s employment ended with Respondent \nNo. 1 on December 18, 2022, and she began to work for Respondent No. 2 on December 19, \n2022. Her employment with Respondent No. 2 ended on April 23, 2023, when she was \nterminated for being absent from work without notifying Respondent No. 2. The claimant \ntestified on direct examination as follows: \nQ Did you quit Fab-Tech or stop working at Fab-Tech? \n \nA Yes. I just eventually stopped going. I mean I felt like it \nwas going to ruin my hands permanently. \n \nThe claimant may certainly have stopped working because she believed it would “ruin my hands \npermanently”, but there is no evidence of any medical provider giving such an opinion or \ninstructions to stop work. The claimant has failed to prove her entitlement to temporary total \ndisability benefits. \n\nWorkman – H303403 \n \n-16- \n Both Respondent No. 1 and Respondent No. 2 have raised the lack of notice defense in \nthat they allege a June 9, 2023, AR-C was the first notice they received of the claimant alleging a \nwork-related injury. The defense raised by Respondent No. 2 is moot as I have found no liability \nwith Respondent No. 2 in this matter. However, the claimant’s own testimony confirms she \nknew how to report a work-related injury and, even so, never reported a work-related injury \nrelating to her hands to either respondent while in their employ. It does, from the record, appear \nthat Respondent No. 1 would have first received notice from an AR-C filed on July 5, 2023. That \nAR-C has been blue-backed and made part of the record herein. As such, the claimant is not \nentitled to any benefit under the Workers’ Compensation Act prior to July 5, 2023. \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 \nAugust 21, 2023, and contained in a Pre-hearing Order filed August 22, 2023, 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 in the form of carpal tunnel syndrome that \nculminated on October 25, 2022, while she was an employee of Respondent No. 1. \n 3. The claimant has failed to prove by a preponderance of the evidence that she sustained \na compensable injury to her bilateral hands and wrists in the form of carpal tunnel syndrome \n\nWorkman – H303403 \n \n-17- \nbeginning on or about October 7, 2022, through April 27, 2023, while she was an employee of \nRespondent No. 2. \n 4. 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 5. The claimant has failed to prove by a preponderance of the evidence that she is entitled \nto temporary total disability benefits. \n 6. Respondent No. 1 is able to prove their lack of notice defense in that the claimant did \nnot provide notice to Respondent No. 1 until an AR-C filed on July 5, 2023. As such, the \nclaimant is not entitled to any benefits under the Workers’ Compensation Act until after July 5, \n2023. \n 7. Respondent No. 2’s lack of notice of defense is moot. \n 8. The claimant’s attorney has failed to prove his entitlement to an attorney’s fee in this \nmatter as no indemnity benefits have been awarded. \n ORDER \nRespondent No. 1 shall pay for reasonable and necessary medical treatment regarding the \nclaimant’s compensable bilateral carpal tunnel syndrome beginning after July 5, 2023, in that the \nclaimant is barred from receiving benefits prior to July 5, 2023, due to her lack of notice to \nRespondent No. 1 of her allegation of a compensable injury. \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, \n\nWorkman – H303403 \n \n-18- \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 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. H303403 MELONY WORKMAN, Employee CLAIMANT TEC, THE EMPLOYMENT CO., INC., Employer RESPONDENT NO. 1 WHITEROCK CAPITAL ACQ. FUND d/b/a FABTECH, Employer RESPONDENT NO. 2 MIDWEST INS. CO., Insurance Carrier/TPA RESPONDENT NO. 1 FEDERAL INS. CO., Insurance Carrie...","fetched_at":"2026-05-19T22:58:40.392Z","links":{"html":"/opinions/alj-H303403-2024-01-23","pdf":"https://labor.arkansas.gov/wp-content/uploads/WORKMAN_MELONY_H303403_20240123.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}