{"id":"alj-H400364-2025-02-10","awcc_number":"H400364","decision_date":"2025-02-10","opinion_type":"alj","claimant_name":"Jennifer Lows","employer_name":"Crain Kia Of Bentonville","title":"LOWS VS. CRAIN KIA OF BENTONVILLE AWCC# H400364 February 10, 2025","outcome":"denied","outcome_keywords":["denied:3"],"injury_keywords":["neck","shoulder","strain","back","wrist","cervical"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/LOWS_JENNIFER_H400364_20250210.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"LOWS_JENNIFER_H400364_20250210.pdf","text_length":18912,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H400364 \n \nJENNIFER LOWS, Employee CLAIMANT \n \nCRAIN KIA OF BENTONVILLE, Employer RESPONDENT \n \nRISK MANAGEMENT RESOURCES, Carrier RESPONDENT \n \n OPINION FILED FEBRUARY 10, 2025 \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in   Springdale, \nWashington County, Arkansas. \n \nClaimant represented by LAURI THOMAS, Attorney at Law, Fayetteville, Arkansas. \n \nRespondents represented by MELISSA WOOD, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n On November 12, 2024, the above captioned claim came on for a hearing at Springdale, \nArkansas.   A pre-hearing conference was conducted on September 30, 2024, and a Pre-hearing \nOrder  was  filed  on October  2,  2024.      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 January \n12, 2024. \n 3. The claimant sustained a compensable injury to her neck and left shoulder on or about \nJanuary 12, 2024. \n 4.  The  respondents  have  controverted  an  alleged  injury  to  her  right  shoulder  on  about \nJanuary 12, 2024. \n\nLows – H400364 \n \n-2- \n 5. The claimant was earning sufficient wages to entitle her to compensation at the weekly \nrates  of  $409.00  for  temporary  total  disability  benefits  and  $307.00  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  right  shoulder  on  or  about \nJanuary 12, 2024. \n 2. Whether Claimant is entitled to medical treatment for her right shoulder injury. \n The claimant's contentions are as follows: \n“Claimant   sustained   a   compensable   injury   while   working   for \nRespondent  on  or  about  01/12/24.  At  that  time,  Claimant  was  in \nthe  course  and  scope  of  her  employment  with  Respondent  when \nClaimant  slipped  on  ice  and  fell  on  one  side  of  her  body,  got  up, \nand then fell on the other side of her body. \n \nClaimant   is   having   significant   pain   in   her   right   shoulder. \nRespondents   have   failed   to   provide   medical   treatment   for \nclaimant’s right shoulder.” \n \n The respondents’ contentions are as follows: \n“Respondents  contend  that  all  appropriate  benefits  are  being  paid \nwith  regard  to  Claimant’s  compensable  injuries  sustained  on \n1/12/24.  Claimant  is  currently  receiving  TTD  associated  with  her \nleft  shoulder  injury.  Respondents  contend  that  claimant  did  not \nsustain  a  right  shoulder  injury  on  1/12/24  or  any  other  time  while \nworking for Respondent/Employer.” \n \n The claimant in this matter is a 52-year-old female who sustained compensable injuries to \nher neck and left shoulder on January 12, 2024. The claimant now alleges that she also sustained \na   compensable   right   shoulder   injury   in   that   same   incident   in   which   she   sustained   her \ncompensable  neck  and  left  shoulder  injuries.  The  claimant  described  the  January  12,  2024, \nincident on direct examination as follows: \n\nLows – H400364 \n \n-3- \nQ Can  you  describe  what  happened  that  morning  when  you \nwent to check the doors on January 12, 2024. \n \nA Yes.  I  went  to  open  the  doors  and  previously  I  got  locked \nout and then I would have to go around the building. So I saw the \nparts manager out there and thought I am fine. If I get locked out, I \ncould walk around and she will let me in. \n \n So  I  went  to  open  the  door  and  got  locked  out  and  when  I \nwalked down, I slipped and fell on the ice. I had a coffee in my left \nhand  and  when  I  had  went  out,  I  fell  and  caught  my  fall  on  my \nhand (indicating) and then went down on my right side. \n \n And the parts truck was backing up and did not apparently \nsee  me,  so  Dee,  the  parts  manager,  was  yelling  stop,  stop,  while  I \nwas trying to get up and slipping on the ice. And I had that coffee \nin my hand so I couldn’t brace my fall, so I fell on my left side and \nthat is what occurred. \n \nQ So you originally fell on your right side? \n \nA Yes. \n \nQ And then as you tried to get up, you fell on your left side? \n \nA Correct. \n \nQ And you broke your fall on your right side with your right \nhand? \n \nA That is correct. \n \nQ And then you didn’t break your fall on your left shoulder? \n \nA No. \n \n The  claimant  reported  her  incident  to  the  appropriate  respondent  administrator  and  was \nsent  to  Washington  Regional  Urgent  Care.  The  medical  record  states  the  following  chief \ncomplaint, “Patient comes in today for a Pain, Chest, Pain, Shoulder, Pain and Pain, Neck. PT \nslipped and fell on left side. LROM (source: patient).” Following is a portion of the medical \nrecord regarding the claimant’s right shoulder: \n\nLows – H400364 \n \n-4- \nMusculoskeletal – ABNORMAL:  Tenderness  noted  over  both  rib \nbilaterally,  Abnormal  flexion  right  shoulder,  Abnormal  extension \nright  shoulder,  Abnormal  abduction  of  right  shoulder,  Abnormal \nadduction  of  right  shoulder,  Tenderness  noted  on  anterior  right \nshoulder, Tenderness noted on posterior right shoulder. \n \n*** \nAssessment/Plan:  Strain  of  unspecified  muscle,  fascia  and  tendon \nat  right  shoulder  and  upper  arm  level,  unspecified  arm,  initial \nencounter (S46.919A) – Uncomplicated. \nDischarge  disposition:  Patient  discharged  to  home  or  self  care \n(routine   discharge).   Recorded   on   01/12/2024   4:26   PM   by \nSKremers. tn011 \nRest,  ice  and  elevate  the  affected  area,  and  keep  ace  wrap  on  for \ncompression.  If you received an X-Ray at this clinic, a radiologist \nwill over-read your images and report back to us generally within a \nfew hours. \nWe will call you with the results. \nIf your condition worsens we recommend that you receive another \nevaluation  at  the  emergency  room  immediately  or  contact  your \nprimary  medical  clinics  after  hours  call  service  to  discuss  your \nconcerns. \nYou  must  understand  that  you’ve  received  an  Urgent  Care \ntreatment  only  and  that  you  may  be  released  before  all  of  our \nmedical  problems  are  known  or  treated.  You,  the  patient,  will \narrange for follow up care as instructed. \nIce affected area 15 minutes 3-4x daily. \nGet plenty of rest. \nTylenol  every  4-6  hours  as  needed  and/or  ibuprofen  every  6-8 \nhours as needed, over the counter for pain or fever. \nRest, apply ice, and evaluate affected area. \nIf  your  condition  worsens  or  persist  we  recommend  that  you  be \nevaluated  at  the  emergency  room  immediately  or  contact  your \nprimary  medical  provider  or  his/her  after  hours  call  service  to \ndiscuss your concerns, or come back and see us. \nPrescribed  Naprosyn  500  mg  tablet;  Take  1  tablet  (oral)  ever  12 \nhours for 10 days; total Qty: 20 (Twenty) tablet; 1 refill(s); Allow \nsubstitutions; Earliest Fill Date: 01/12/24. \nPrescribed  cyclobenzaprine  5  mg  tablet:  Take  1  tablet  (oral)  3 \ntimes  per  day  PRN – Muscle  Spasm  for  5  days;  total  Qty:  15 \n(Fifteen) Tablet; No refills; Allow substitutions; Earliest Fill Date: \n01/12/24. \n \n\nLows – H400364 \n \n-5- \nX-rays were taken of the claimant’s left shoulder during that same visit but not taken of the \nclaimant’s right shoulder. \nMedical   Decision   Making/Time:   Diagnosis:   Low   strain   of \nunspecified  muscle,  fascia  and  tendon  at  shoulder  and  upper  arm \nlevel,  unspecified  arm,  initial  encounter  (S46.919A) – Injury, \nAcute, Uncomplicated. \n \nAn addendum was added to the claimant’s January 12, 2024, medical record on  November  16, \n2024, which states: \nBilling Addendum: Strain of unspecified muscle, fascia and tendon \nat shoulder and upper arm level, unspecified arm, initial encounter \n(S46.919A) – Uncomplicated excluded from claims for this visit. \nStrain  of  unspecified  muscle,  fascia  and  tendon  at  shoulder  and \nupper  arm  level,  left  arm,  initial  encounter  (S46.912A)  added  to \nclaims for this visit. \nChest pain, unspecified (R07.9) added to claims for this visit. \nUnspecified  fall,  initial  encounter  (W19.XXXA)  added  to  claims \nfor this visit. \n \n On  January  12,  2024,  APRN  Sean  Kremers  completed  a  Form  AR-3,  which  is  found  at \nClaimant’s Exhibit 1, pages 10-11. Following are portions of that report: \nPhysician’s Report of Injury and Treatment; Brief Description of \nAccident:   [handwritten]   Pt   slipped   on   ice   landing   on   right \nshoulder.  No  head  injury.  Pt  c/o  right  shoulder,  chest  pain,  and \nwrist pain. \nDiagnosis/Treatment Rendered: [handwritten] Shoulder Strain. \nPrognosis/Expected Duration of Treatment: [handwritten] Rest, Ice \n20   minutes   on   and   20   minutes   off.   Prescription   for   anti-\ninflammatories  or  muscle  relaxers.  Wear  shoulder  sling  as  needed \nfor comfort. Follow up in 6 weeks if symptoms return. \n \n The claimant testified that she received a sling for her right arm during her treatment on \nJanuary  12,  2024.  That  same  day  the  claimant  signed  a  Form  AR-N or “Employee’s Notice of \nInjury.” The report asked, “What part of your body was injured?” The response, “Shoulder/neck \nleft side, right hand.” The report asked, “Briefly describe the cause of injury.” The response, \n\nLows – H400364 \n \n-6- \n“Walking  between  buildings,  snow  mat  removed  and  there  was  ice/snow  and  I  fell.  Then  the \nparts  truck  was  driving  in  reverse  towards  me  and  I  was  struggling  to  get  up  as  to  not  get  ran \nover and fell again on my right side, arm and shoulder.” \n On January 23, 2024, the claimant began treating with conservative care at Occupational \nHealth. The chief complaint from that medical record states, “Neck, left shoulder, left upper \narm.” The following treatment plan and diagnosis was given: \nTREATMENT PLAN: \nI  have  instructed  her  to  use  ice  to  reduce  pain  and  inflammation. \nShe was given an opportunity to ask questions about her care. She \nverbalized  understanding.  She  has  been  instructed  on  the  use  of \nIbuprofen and Cyclobenzaprine as needed. \n \nDIAGNOSIS \n1. Strain   of   muscle,   fascia   and   tendon   at   neck   level,   initial \nencounter (S16.1XXA). \n2. Pain in the left shoulder (M25.512) \n \n From  this  point  forward  the  claimant  is  treated  with  conservative  care  for  her  neck  and \nleft shoulder including physical therapy. On March 7, 2024, the claimant  underwent  an MRI of \nher  cervical  spine  at  Northwest  Medical  Center,  Bentonville.  The  diagnostic  report  gave  the \nfollowing Impressions: \nIMPRESSION: \n1. Multilevel mild degenerative disc disease. \n2. No moderate or high-grade canal or foraminal stenosis. \n \n On May 6, 2024, the claimant was seen by Dr. Michael Calhoun. Dr. Calhoun examined \nthe  claimant  and  reviewed  the  claimant’s  cervical  MRI  at  that  time.  He  recommended  the \nclaimant  have  a  left  shoulder  MRI  and  if  that  MRI  was  abnormal that  she  should  obtain  an \northopedic referral.  \n\nLows – H400364 \n \n-7- \n The claimant saw Dr. Chad Songy, an orthopedic surgeon, on May 30, 2024, for her left \nshoulder. Following is a portion of that medical record: \nHistory of Present Illness: \nJennifer Lows is a 51 y.o. female who is here today for evaluation \nof her left shoulder. This is a worker’s Comp injury. Patient does \nhave  a  lawyer  involved.  The  patient  had  an  injury  on  January  12, \n2024.  Patient  slipped  on  the  ice  and  landed  on  her  left  shoulder. \nSince  then  she  has  had  pain  in  her  left  shoulder  radiating  up \ntowards  her  neck.  She  has  had  significant  pain  and  dysfunction \nwith  limited  left  shoulder  range  of  motion.  She  has  had  difficulty \nwith  sleep  and  activities  of  daily  living.  She  has  done  physical \ntherapy.  She  has  also  seen  a  neurosurgeon  who  felt  the  pain  was \ncoming from her shoulder and not her neck. \n \n On June 12, 2024, the claimant underwent an MRI on the left shoulder at Physicians’ \nSpecialty Hospital. Following are the Impressions from that diagnostic report: \nImpression: \n1. Tendinosis   of   the   mild   and   distal   supraspinatus   tendon. \nTendinosis of the distal infraspinatus tendon. \n2. Moderate hypertrophic DJD of the acromioclavicular joint with \nmoderate  bone  edema  on  both  sides  of  the  joint.  This  likely \ncontributes to patient’s pain. \n \n On  July  11,  2024,  the  claimant  was  again  seen  by  Dr.  Songy.  Following  is  a  portion of \nthat medical report:  \nPatient  had  very  limited  range  of  motion  at  her  last  visit.  I  had \nconcerns  for  a  traumatic  injury  to  her  shoulder.  An  MRI  was \nordered. She is here today to discuss the results of that MRI.  \n \n*** \nPlan \nJennifer Lows is a 51 y o female who presents today for follow-up \nof  left  shoulder  pain  and  dysfunction  from  an  injury  at  work \nwhenever  she  slipped  on  the  ice.  Patient  states  she  had  no  pre-\nexisting  shoulder  issues  to  pathology,  but  since  that  injury  is  had \nsignificant   dysfunction.   MRI   does   not   show   any   significant \npathology  to  the  glenohumeral  joint  or  rotator  cuff,  but  she  does \nhave  significant  edema  in  the  distal  clavicle  and  acromion  at  the \nAC  joint.  We  discussed  doing  an  ultrasound-guided  AC  joint \n\nLows – H400364 \n \n-8- \ninjection  for  both  diagnostic  and  potentially  therapeutic  purposes. \nPatient is on board with that plan. \n \n*** \nWe  will  continue  the  patient  with  limited  work  as  she  is  having \nsignificant pain and dysfunction at this time. I will see her back in \nclinic in 1 month to see how she responds to this injection. \n \nOf note, the patient states when she originally fell, she fell onto her \nright shoulder 1\nst\n and then her left. I do have it documented in my \nnote that she  fell on her  left shoulder. She is telling me that when \nshe fell on her right shoulder 1\nst\n and then her left and would like to \nbe  seen  for  her  right  shoulder.  I  am  happy  to  see  her  for  her  right \nshoulder, but since this is under workers’ comp we will need to get \napproval from the nurse case manager/adjuster. Once it is approved \nI am happy to see her back and work out for her right shoulder. \n \nI note this is the first mention of the claimant’s right shoulder in admitted medical records since \nher January 12, 2024, visit to the Washington Regional Urgent Care.  \nIn  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 \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 injury to her right \nshoulder on January 12, 2024, in the incident in which she fell. The claimant alleges that she fell \ntwice on both her right and left side. Quite frankly, I believe the claimant’s account of the \nincident.  However,  the  claimant  must  prove  the  existence  of  objective  medical  findings  to \nsupport  her  claim  that  she  sustained  a  compensable  right  shoulder  injury  in  that  incident.  Here, \n\nLows – H400364 \n \n-9- \nshe  is  unable  to  do  so.  The  right  shoulder  is  only  addressed  one  time  specifically  in  medical \nrecords introduced from January 12, 2024, as follows:  \nMusculoskeletal – ABNORMAL:  Tenderness  noted  over  both  rib \nbilaterally,  Abnormal  flexion  right  shoulder,  Abnormal  extension \nright  shoulder,  Abnormal  abduction  of  right  shoulder,  Abnormal \nadduction  of  right  shoulder,  Tenderness  noted  on  anterior  right \nshoulder, Tenderness noted on posterior right shoulder. \n \n*** \nAssessment/Plan:  Strain  of  unspecified  muscle,  fascia  and  tendon \nat  right  shoulder  and  upper  arm  level,  unspecified  arm,  initial \nencounter (S46.919A) – Uncomplicated. \n \nEven though the claimant has extensive medical treatment from that point in time until July 11, \n2024, there is no mention in the medical records of right shoulder difficulties. On July 11, 2024, \nthe claimant simply mentions she would like to be seen for her right shoulder. \n In  the  January  12, 2024, medical records, the claimant’s right shoulder range of motion \nfindings are subjective in nature and mention the claimant’s subjective complaints of pain. I find \nthat no objective medical evidence exists to support the claimant’s claim that she sustained a \ncompensable right shoulder injury. As such, the claimant has failed to prove that she sustained a \nright shoulder injury on January 12, 2024. \n From a review of the record as a whole, to include medical reports, documents, and other \nmatters properly before the Commission, and having had an opportunity to hear the testimony of \nthe witness and to observe her demeanor, the following findings of fact  and conclusions of law \nare made in accordance with A.C.A. §11-9-704: \n \n \n \n\nLows – H400364 \n \n-10- \n FINDINGS OF FACT & CONCLUSIONS OF LAW \n 1.  The  stipulations  agreed  to  by  the  parties  at  the  pre-hearing  conference  conducted  on \nSeptember  30,  2024,  and  contained  in  a  Pre-hearing  Order  filed October  2,  2024,  are  hereby \naccepted as fact. \n 2. The claimant has failed to prove by a preponderance of the evidence that she sustained \na compensable injury to her right shoulder on or about January 12, 2024. \n 3. The claimant has failed to prove by a preponderance of the evidence that she is entitled \nto medical treatment for her alleged right shoulder injury. \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       HONORABLE ERIC PAUL WELLS \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H400364 JENNIFER LOWS, Employee CLAIMANT CRAIN KIA OF BENTONVILLE, Employer RESPONDENT RISK MANAGEMENT RESOURCES, Carrier RESPONDENT OPINION FILED FEBRUARY 10, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arka...","fetched_at":"2026-05-19T22:43:29.361Z","links":{"html":"/opinions/alj-H400364-2025-02-10","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/LOWS_JENNIFER_H400364_20250210.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}