{"id":"alj-H407474-2026-01-22","awcc_number":"H407474","decision_date":"2026-01-22","opinion_type":"alj","claimant_name":"Charles Updegraff","employer_name":"Trane Commercial","title":"UPDEGRAFF VS. TRANE COMMERCIAL AWCC# H407474 January 22, 2026","outcome":"granted","outcome_keywords":["granted:2"],"injury_keywords":["lumbar","back","ankle","strain","fracture","cervical","herniated","knee"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/UPDEGRAFF_CHARLES_H407474_20260122.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"UPDEGRAFF_CHARLES_H407474_20260122.pdf","text_length":35030,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H407474 \n \nCHARLES UPDEGRAFF, Employee CLAIMANT \n \nTRANE COMMERCIAL, Employer RESPONDENT \n \nFARMINGTON CASUALTY CO., Carrier RESPONDENT \n \n \n \n OPINION FILED JANUARY 22, 2026 \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 AMY C. MARKHAM, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n On October  27,  2025,  the  above  captioned  claim  came  on  for  a  hearing  at  Springdale, \nArkansas.      A  pre-hearing  conference  was  conducted  on August  21,  2025,  and  a  Pre-hearing \nOrder  was  filed  on August  22,  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 employee/employer/carrier relationship existed on October 25, 2024. \n By agreement of the parties the issues to litigate are limited to the following: \n 1. Whether claimant sustained a compensable injury on October 25, 2024, specifically to \nthe lumbar spine. \n\nUpdegraff – H407474 \n \n-2- \n 2.  If  compensable,  whether  claimant  is  entitled  to  temporary  total  disability  benefits, \nmedical benefits, and mileage. \n 3. Attorney’s fees. \n All other issues are reserved by the parties. \n The claimant contends that “The claimant was injured on October 25, 2024, when he \nattempted to pick up a section of an air conditioning unit and felt an immediate pain in his low \nback which continued down his right leg into his ankle. The claimant was seen at Baptist Health \nMedical  Center  Van  Buren  on  October  26,  2024,  for  continued  low  back  pain.  On  October  28, \n2024,  the  claimant  was  seen  at  Conservative  Care  Occupational  Health  for  continued  low  back \npain.  He  was  referred  for  a  lumbar  MRI.  On  November  6,  2024,  the  claimant  was  seen  at  Fort \nSmith  ER  &  Hospital  for  his  lumbar  MRI  and  had  a  follow-up  with  Conservative  Care \nOccupational  Health  on  November  8,  2024,  where  he  was  released  to  regular  duty.  Due  to  the \nclaimant’s continued low back pain, the claimant was seen at Baptist Health Medical Center Fort \nSmith  where  he  was  treated  and  referred  to  a  neurosurgeon  for  additional  treatment.  The \nclaimant  was  seen  by  Billie  Jo  Nelson,  APRN  at  Baptist  Health  Neuroscience  Center  where  he \nwas referred for physical therapy. After the completion of physical therapy and no improvement \nat to the pain or mobility, Dr. Arthur Johnson scheduled the  claimant for surgery. On March 6, \n2025,  the  claimant  underwent  a  microdiscectomy  at  L5-S1  performed  by  Dr.  Johnson.  The \nclaimant  reserves  the  right  to  amend  and  supplement  his  contentions  after  additional  discovery \nhas been completed.” \n The respondents contend that “Claimant was not injured in the course and scope of his \nemployment. If the claim is found to be compensable, respondents are entitled to a setoff for any \ndisability payments received by claimant.” \n\nUpdegraff – H407474 \n \n-3- \n \nThe  claimant  in  this  matter  is  a 63-year-old  male who  alleges  to  have  sustained  a \ncompensable  lumbar  spine  injury  on  October  25,  2024.  The  claimant’s  job  duties  for  the \nrespondent/employer   included   constructing   the   outside casing of   large   commercial   air \nconditioning  units.  The  largest  pieces were set  in  place  by  an  overhead  crane.  The  smaller \nsections of wall were lifted and moved by hand. The claimant described the smaller sections as \n12  to  14  feet  in  length  and  about  two  feet  in  width,  weighing  roughly  70  to  80  pounds.  The \nclaimant was moving a smaller wall section when he alleges he sustained a compensable lumbar \nspine  injury.  Following  is  a  portion  of  his  direct  examination  testimony  about  the  incident  in \nwhich he alleges to have sustained a compensable lumbar spine injury. \nQ Okay.  What  happened?  You  had  picked  up  one  of  those \npieces and then what happened? \n \nA The  second  I  picked  it  up  off  the  cart,  I  went  to  stand  up \nand  I  don’t  know  if  I  turned  wrong,  twisted  wrong,  but  I  felt \nsomething immediately in the lower part of my back and down my \nright leg. \n \nQ And were you lifting one of those pieces that were 70 to 80 \npounds? \n \nA Yes, sir. \n \nQ Okay. Where was the pain located? \n \nA In  my  lower  back,  down  my  right  buttock,  and  down  into \nthe backside of my right leg. \n \nQ When you say lower back, are we talking like around your \nbeltline? \n \nA Yes, sir. \n \nQ Where did it hurt along your beltline? \n \n\nUpdegraff – H407474 \n \n-4- \nA It  went  over  to  my  right  side  and  then  down  the  right  side \nof my butt and the back of my right leg. \n \nQ Okay. And how far down your leg did it go? \n \nA At the time all the way down to my ankle. \n \nQ Okay. How would you describe that pain? \n \nA Sharp, throbbing, aching, burning. \n \nQ Was it immediate? \n \nA Immediately, yes. \n \n The claimant testified that he quickly reported his injury to his “lead” as follows: \nQ Okay. What did you do upon injuring yourself? \n \nA I told my lead, which is normally never even around us, but \nhe  just  happened  to  be  sitting  over  at  this  little  desk  and  I  went \nover  and  told  him  and  he  asked  me  if  I  thought  I  could  finish  the \nshift. \n \nQ Do you know what his name is? \n \nA Alex. \n \nQ Do you know his last name? \n \nA No, sir. \n \nQ Okay. Do you know if Alex saw this happen? \n \nA I have no idea. \n \nQ Okay. But you went immediately to Alex? \n \nA Yes, sir. \n \nQ Do you recall what you told Alex? \n \nA I  told  him  I  picked  up  that  piece  of  unit  there  and  hurt  my \nback  and  that  is  when  he  asked  me  if  I  thought  I  could  finish  the \nshift. \n\nUpdegraff – H407474 \n \n-5- \n \nQ Okay. You had about an hour left? \n \nA Yes, sir. \n \nQ What did you tell him? \n \nA I  told  him  I  could  do  it  because  I  am  already  there.  I  had \nlike an hour to go, so. ... \n \nQ Okay. So you did finish your shift? \n \nA Yes, sir. \n \nQ Okay. And then I take it you clocked out? \n \nA Yes, sir. \n \nQ Went home at 3:00? \n \nA Yes. \n \nQ What day of the week was this, do you remember? \n \nA Friday. \n \nQ Friday.  Okay.  Were  you  scheduled  to  work  the  next  two \ndays? \n \nA No. We was off that weekend. \n \nQ Okay. So Monday would have been your next day back? \n \nA Yes, sir. \n \n The claimant testified that he continued to experience pain after going home and visited \nthe  Baptist  Health  Medical  Center  Emergency  Room  in  Van  Buren,  Arkansas,  on  October  26, \n2024, due to his low back pain and difficulties. Following is a portion of that medical record: \nChief Complaint \nPatient presents with \n* Back Pain \n* Leg Pain – right \n\nUpdegraff – H407474 \n \n-6- \n \n*** \nMedical Decision Making \nCharles  F  Updegraff  62  y.o.  male  patient  presents  with  back  pain \nmost consistent with right back spasm with sciatica. \n \nDifferential  diagnoses  includes  lumbago  versus  musculoskeletal \nspasm/strain  versus  sciatica.  Less  likely  sciatica  as  straight  leg \nraise test is negative. \nNo back pain red flags on history or physical. \nPresentation  not  consistent  with  malignancy  (lack  of  history  of \nmalignancy,  lack  of  B  symptoms),  fracture  (no  trauma,  no  bony \ntenderness  to  palpitation),  cauda  equina  (no  bowel  or  urinary \nincontinence/retention,  no  saddle  anesthesia,  no  distal  weakness), \nAAA,  viscus  perforation,  osteomyelitis  or  epidural  abscess  (no \nIVDU,  vertebral  tenderness),  renal  colic,  pyelonephritis  (afebrile, \nno CVAT, no urinary symptoms). \n \nGiven the clinic picture, in indication for imaging. \n \nWill treat conservatively and follow up with PCP. \n \n*** \nAssessment/Plan \nCharles F Updegraff is a 62 y.o. male diagnosed today with \n \nFinal diagnosis: \nAcute right-sided low back pain with right-sided sciatica \n \nAt that time the claimant was prescribed cyclobenzaprine and meloxicam. \n I note that the medical records from the Baptist Health ER on October 26, 2024, deviates \nfrom the claimant’s testimony. That record reports back pain for two weeks and a history of back \nproblems including surgery. The claimant denies any history of low back difficulties but medical \nrecords  in  evidence  do  show  cervical  spine  difficulties  including  surgery.  In  regard  to  the  two \nweeks  of back  pain,  I  do  find  that  to  be  some  type  of clerical  error  in  that  the  claimant’s \ntestimony, reporting of injury, and all other medical records support his lumbar spine incident to \nhave occurred on October 25, 2024. \n\nUpdegraff – H407474 \n \n-7- \n The  claimant  was  asked  on  cross  examination  about  the  Baptist  Health  ER  report  from \nOctober 26, 2024, as follows: \nQ I am looking at a record from the emergency department at \nVan Buren, that is Claimant’s Medical Exhibit Page 001, and in \nthe first paragraph here it says, “Patient presents to the emergency \ndepartment  due  to  back  pain  with  radiation  into  his  right  leg  for \ntwo weeks now.” \n \nA I  seen  that  on  that  report  and  that  is  incorrect.  I  told  them \ntwo days, which would have been Saturday and the Friday, the day \nbefore. \n \nQ So  do  you  know  why  it  would  reflect  in  your  medical \nrecords that you have been complaining of pain for two weeks? \n \nA I have no idea why it says that on that paper. \n \n The  claimant  was  also  asked  about  that  medical  record  on  re-direct  examination  as \nfollows: \nQ Chuck, I am looking at this record that was referenced and \nit says, “Patient presents to the ED,” emergency department, “due \nto back pain with radiation into his right leg” and it says, “for two \nweeks now.” And you are saying that is wrong. It was not two \nweeks, it was two days? \n \nA I told them two days. \n \nQ The 25\nth\n and 26\nth\n? \n \nA Yes, sir. \n \nQ Okay. And then it says, “He states he was lifting a heavy \nwall panel at work,” and she has again, the nurse that took your \ninformation down says, “Two weeks ago.” \n \nA Yes. \n \nQ And you are saying that  was not two weeks ago.  That was \ntwo days ago? \n \nA Two days. \n\nUpdegraff – H407474 \n \n-8- \n \nQ Meaning the 25\nth\n and 26\nth\n? \n \nA Yes, sir. \n \nQ Okay. It then says – she goes on to say, “He has a history of \nback problems.” \n \n And  I  asked  you  on  Direct.  Have  you  ever  had  a  back \nproblem with your lumbar spine in your life? \n \nA Never in my life. \n \nQ Have you ever been to a doctor for a back problem? \n \nA Never. \n \nQ “With surgery in the past,” so you are saying you’ve never \nseen a doctor, much less had a back surgery? \n \nA Right. \n \nQ So that is false, as well? \n \nA Yes, sir. \n \nQ Okay. She goes on to say, “Prior to this, he did not have \nany back issues for a while.” \n \n You are saying you’ve never had a low back issue in your \nlife? \n \nA I never have. \n \n The claimant returned to work the following Monday and again reported his alleged work \ninjury. The claimant gave the following direct examination testimony about that process: \nQ Okay.  When  Monday  morning  came  around,  did  you  go \ninto the office? Did you go back to Trane? \n \nA Yes. I went back to work. \n \nQ Okay.  What  did  you  do  when  you  got  to  Trane  for  your \nshift on Monday morning? \n\nUpdegraff – H407474 \n \n-9- \n \nA I  seen  Jessie,  one  of  the  main  leads.  She  had  been  there \nlonger  than  Alex  had  been  and  I  told  her  what  happened  and  she \ntook me into a little room and had me fill out some papers and told \nme to sit there and wait until Alex, the safety guy, got there. There \nis another Alex. \n \nQ Another Alex? \n \nA Yes. \n \nQ Okay.  So  you  did  not  go  back  on  Monday  morning  and \nbegin your job? \n \nA No. \n \nQ It was about filling out workers’ comp paperwork? \n \nA Right. \n \nQ And Jessie assisted you with that? \n \nA Yes. \n \nQ And then you were to meet with a second Alex? \n \nA Yes. \n \nQ Okay. And you got all of the paperwork filled out? \n \nA Yes, sir. \n \nQ Okay. So, then, what happened on Monday? Did you work? \n \nA After, they took me over to their doctor over in Van Buren, \na clinic over there. \n \nQ Okay. \n \nA She ordered an MRI done. \n \nQ And  that  was  over  at  Conservative  Care  Occupational \nHealth? \n \nA Yes, sir. \n\nUpdegraff – H407474 \n \n-10- \n \n On  October  28,  2024,  the  claimant  was  seen  at  Conservative  Care  Occupational  Health \nby APRN Jacee Banning. Following is a portion of that medical record: \nEMPLOYER DESCRIPTION OF ACCIDENT \nRequested and authorized by: Alex \nMain Contact: Stephen Smith. \nEmployer   Description   of   Accident:   Employer   states   that   on \n10/25/24,  Charles  was  lifting  a  panel  from  floor  level  when  felt \npain to his lower back and right side of leg. He was seen at Baptist \nHealth ER in Van Buren on 10/26/24. \n \nPATIENT DESCRIPTION OF ACCIDENT \nPatient  states  that  he  was  picking  up  sections  of  wall  and  putting \nthem  on  a  unit  when  he injured  his  lower  back.  The  pain  is  going \nfrom his lower back down the back side of his right leg. \n \nCHIEF COMPLAINT \nLower back pain radiating down right leg. \n \nHISTORY OF PRESENT ILLNESS \nCharles’ primary problem is pain located in the lower back. He \ndescribes it as throbbing, aching. He considers it to be severe. The \nproblem  began  on  10/25/24.  Charles  says  that  it  seems  to  be \nconstant. He has noticed that it is made worse by Constant pain. It \nis improved with nothing. \n \nCOMMENTS ON HISTORY OF PRESENT ILLNESS \nCharles  is  here  for  an  initial  evaluation  of  a  low  back  injury  he \nsustained on 10/25/24 when he was lifting sections of wall while at \nwork.  He  reports  a  history  of  cervical  spine  herniated  disc  that \nrequired  surgery  in  1999;  however,  he  does  not  report  previous \ninjury to his lumbar spine. He was evaluated at Baptist ED in Van \nBuren   on   10/26/24   where   he   received   2   injections   and   a \nprescription  for  Flexeril.  He  is  unsure  of  what  injections  he \nreceived.  ED  records  have  been  requested.  He  states  he  has  tried \nFlexeril,  Aleve,  ibuprofen,  Biofreeze,  heat/ice  and  nothing  seems \nto help. He reports the pain radiates down his right leg. Given his \nhistory, I will order an MRI. \n \n*** \nDIAGNOSIS \n1. Radiculopathy, lumbar region (M54.16) \n2. Low back pain (M54.50) \n\nUpdegraff – H407474 \n \n-11- \n \nASSESSMENT \nCharles has lumbar pain with radiculopathy and I am unable to rule \nout   the   cause.   He   denies   any   numbness   or   incontinence   of \nbowel/bladder.  Discussed  evaluated  bp  with  patient.  He  states  he \nhas never had elevated blood pressure. Number and Complexity of \nProblems Addressed: 1 acute, uncomplicated illness or injury. \n \n On  November  6,  2024,  the  claimant  underwent  an  MRI  of  the  lumbar  spine  at  Synergy \nRadiology Associates. Following is a portion of  that diagnostic report that was authored by Dr. \nCharles Kim: \nFINDINGS: \nBones/joints:   The   normal   lumbar   lordosis   is   preserved.   No \nabnormalities  in  sagittal  alignment  are  identified.  The  vertebral \nbody  heights  are  maintained.  The  marrow  signal  is  within  normal \nlimits. \nSpinal  cord:  The  distal  cord  and  cauda  equina  nerve  roots  are \nunremarkable. The conus medullaris terminates at L1. \nL1-L2:  No  significant  disc  disease,  without  spinal  canal  or  neural \nforaminal stenosis. \nL2-L3:  Minimal  disc  bulging,  without  spinal  canal  or  neural \nforaminal stenosis. \nL3-L4:   Broad-based   disc   bulging   with   facet   arthrosis.   Mild \nbilateral  neural  foraminal  stenosis.  No  significant  spinal  canal \nstenosis. \nL4-L5:  Diffuse  disc  bulge  with  facet  arthrosis  and  hypertrophy  of \nligamentum  flavum.  Mild  bilateral  neural  foraminal  stenosis.  No \nsignificant spinal canal stenosis. \nL5-S1:  Posterior  annual  fissure  with  diffuse  disc  bulging.  Mild \nbilateral  neural  foraminal  stenosis.  No  significant  spinal  canal \nstenosis. \nSoft tissues: Unremarkable. \n \nIMPRESSION: \nMild degenerative changes of the lumbar spine. \n \n On  November  8,  2024,  the  claimant  was  again  seen  by  APRN  Banning  at  Conservative \nCare Occupational Health. Following is a portion of that medical record: \nCOMMENTS ON HISTORY OF PRESENT ILLNESS \n\nUpdegraff – H407474 \n \n-12- \nCharles  is  here  for  his  second  visit  for  evaluation  of  a  low  back \ninjury  he  sustained  on  10/25/24  when  he  was  lifting  sections  of \nwall while at work. He reports a history of cervical spine herniated \ndisc  that  required  surgery  in  1999;  however,  he  does  not  report \nprevious  injury  to  his  lumbar  spine.  He  reports  the  pain  is  still \nradiating  down  his  right  leg.  He  was  evaluated  at  Baptist  ED  in \nVan  Buren  on  10/26/24  where  he  received  an  injection  of  SOLU-\nMedrol,  and  injection  of  Norflex,  and  a  prescription  for  Flexeril. \nHe  reports  none  of  those  alleviated  his  pain.  He  has  also  tried \nAleve, ibuprofen, Biofreeze, and heat/ice. He reports none of those \nwere   helpful   either.   MRI   results   showing   mild   degenerative \nchanges  of  the  lumbar  spine  have  been  reviewed  and  discussed \nwith  patient.  I  recommend  that  he  try  Voltaren  gel.  When  I \nattempted to provide him with stretching exercises for sciatic pain, \nhe impolitely declined and stated, “I will go somewhere else.” I \nrecommended he follow up with his PCP as this does not appear to \nbe work related. \n \n*** \nDIAGNOSIS \n1. Radiculopathy, lumbar region (M54.16) \n2. Low back pain (M54.50) \n \nASSESSMENT \nCharles  continues  to  have  lumbar  pain  with  radiculopathy.  He \ndenies  any  numbness  or  incontinence  of  bowel/bladder.  Number \nand  Complexity  of  Problems  Addressed:  1  acute,  uncomplicated \nillness or injury. \n \n The claimant’s light duty status was removed by APRN Banning and the claimant was \nreleased to return to regular duty. Prior to that return to regular duty the claimant testified that he \nwas  unable  to  perform  the  light  duty  work  he  was  assigned.  Following  is  a  portion  of  the \nclaimant’s direct examination testimony: \nQ And what was your understanding of what light duty was? \n \nA That, I didn’t really know because I never had to do that in \nmy  life  as  far  as  light  duty  goes,  but  their  light  duty  consisted  of \nme  basically  doing  the  exact,  same  thing  I  was  doing  before  I  got \nhurt. \n \n\nUpdegraff – H407474 \n \n-13- \nQ Okay.  So  when  you  go  back  to  Trane  on  Monday  from \nOccupational Health, you are doing the same job that you had been \ndoing when you hurt your back? \n \nA Yes, sir. \n \nQ Okay. How long were you able to do that? \n \nA I worked that whole week, the first week of November, and \nI told them I couldn’t do that no more, so. ... \n \nQ Okay. \n \nA I could hardly walk. \n \nQ Okay. Was it making it worse? \n \nA Yes. \n \n After  the  claimant  testified  that  he  was  unable  to  perform  the  light  duty  work  he  was \nassigned, it was during that same time frame that he was released from care by APRN Banning. \nThe  claimant  was  then  seen  at  Baptist  Health  Medical  Center  ER  in  Fort  Smith.  The  claimant \ncontinued to complain of lumbar spine pain and difficulties. The claimant was recommended to \nget a referral from his primary care physician to neurosurgery. \n The  claimant  received  a  referral  from  Dr.  Sarikun  Tjandra  to  Dr.  Arthur  Johnson,  a \nneurosurgeon, and began to see Dr. Johnson’s medical staff on December 5, 2024, when the \nclaimant was seen by APRN Billie Jo Nelson. Following is a portion of that medical record: \nSubjective: \nCharles F Updegraff is a 62 y.o. year-old male seen at the request \nof Tjandra, Sarikun, MD who comes to us with a history of lower \nback pain since 10/25/2024 after lifting something heavy at  work. \nHe reports that after he lifted the air conditioner, he felt immediate \npain,  numbness,  tingling,  and  burning  that  radiates  into  right \nbuttock,  and  posteriorly  down  leg  to  ankle.  He  reports  that  he  has \ntried  NSAIDs,  heat/cold  therapy,  muscle  relaxant,  opioids,  and \nGabapentin  with  no  improvement.  He  states  that  he  has  not  been \nable  to  sleep  very  much  due  to  the  pain.  Hurts  to  walk,  stand,  sit \n\nUpdegraff – H407474 \n \n-14- \nand lay down. No PT, no injections. Has been to ER several times \nand  was  given  shots  of  morphine  which  have  also  not  helped.  He \nrates the pain a 9/10. \n \nBack Pain \nThis  is  a  new  problem.  The  current  episode  started  more  than  1 \nmonth ago. The problem occurs constantly. The problem has been \nrapidly  worsening  since  onset.  The  pain  is  present  in  the  gluteal \nand  lumbar  spine.  The  quality  of  the  pain  is  described  as  aching, \nburning, shooting and stabbing. The pain radiates to the right knee \nand right thigh. The pain is at a severity of 10/10. The pain is The \nsame  all  the  time.  The  symptoms  are  aggravated  by  bending, \nposition,  laying  down,  sitting,  standing  and  twisting.  Stiffness  is \npresent All day. Associated symptoms include leg pain, numbness, \nparesthesias, tingling and weakness. Pertinent negatives include no \nabdominal  pain,  bladder  incontinence,  bowel  incontinence,  chest \npain,  dysuria,  fever,  headaches,  paresis,  pelvic  pain  or  perianal \nnumbness. Risk factors include recent trauma. \n \n*** \nVisit Diagnoses \nAcute right-sided low back pain with right-sided sciatica – Primary \nAnnular tear of lumbar disc; L5-S1 \nDegeneration   of   intervertebral   disc   of   lumbar   region   with \ndiscogenic back pain and lower extremity pain \nLumbar disc herniation with radiculopathy \nFacet arthropathy, lumbar \n \n* Patient has annual tear and small disc herniation at L5-S1 that is \nmore likely than not secondary to heavy lifting at work. Patient is \nto  be  on  light  duty  with  no  bending,  no  kneeling,  no  stooping,  no \ntwisting, and no lifting more than 10 lbs until after re-evaluated at \nhis follow-up. \n*   Physical   therapy   with   lumbar   traction   to   alleviate   pain, \ndiscomfort and improve mobility. \n* Refer to Dr. Clint Wood for LESI – Radiculopathy is severe and \ngreatly impacts patient’s quality of life and function \n*If  conservative  treatments  are  not  effective,  will  schedule  with \nDr. Johnson for surgical consultation. \n \nThe   claimant   underwent   physical   therapy   and   two   epidural   steroid   injections at   the \nrecommendation of APRN Nelson with little to no relief. \n\nUpdegraff – H407474 \n \n-15- \n Dr. Johnson saw the claimant on February 25, 2025. Following is a portion of that clinic \nnote. \nFebruary  25,  2025:  He  is  here  for  a  surgical  consultation  of  his \nlumbar areas. He finished the physical therapy program and he has \nhad  2  Epidural  injections.  He  states  that  nothing  has  worked.  He \ncontinues  to  have  back  pain,  pain,  buttock  and  down  his  right  leg \nall  the  way  to  his  ankle.  Has  numbness,  tingling  and  burning \nsensation.  Bearing  down  to  move  bowel  causes  pain.  He  has \ndifficulty sleeping due to pain. \n \n*** \nPlan: \nI  have  discussed  the  treatment  options  which  I  believe  include \nmodified activity, therapy, injections, and surgery. \n \nBased on that discussion we are going to proceed with: \n \nNeuroforaminal stenosis of lumbar spine, right L5-S1 \nRight L5-S1 microdiscectomy \n \nLumbar disc herniation with radiculopathy, right L5-S1 – Primary \nRight L5-S1 microdiscectomy \n \n*** \n* Schedule right L5-S1 microdiscectomy \n* The disc at the L5-S1  level does cause  compression of the right \nS1  nerve  root  and  the  nerve  root  itself  appears  to  be  slightly \ninflamed. \n \n The  claimant  underwent  surgical  intervention  at  the  hands  of  Dr.  Johnson  on  March  6, \n2025,  in  the  form  of  a  microdiscectomy  at  the  L5-S1  level  of  the  lumbar  spine.  Following  are \nportions of that operative report: \nPreoperative Diagnosis: Active Problems \nLumbar disc herniation with radiculopathy, right L5-S1 \nNeuroforaminal stenosis of lumbar spine, right L5-S1 \n \nPostoperative Diagnosis: Active Problems \nLumbar disc herniation with radiculopathy, right L5-S1 \nNeuroforaminal stenosis of lumbar spine, right L5-S1 \n \n\nUpdegraff – H407474 \n \n-16- \nProcedure: \nHemilaminectomy  with  decompression  of  the  right  L5-S1  nerve \nroot,  partial  facetectomy,  foraminotomy  and  excision  of  herniated \nintervertebral disc at L5-S1. \n \n The   claimant   has   asked   the   Commission to   determine whether   he   sustained   a \ncompensable lumbar spine injury on October 25, 2024.  \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 The claimant must prove the existence of objective medical findings. The March 6, 2025, \noperative report authored by Dr. Johnson and the claimant’s November 6, 2024, lumbar spine \nMRI both provide objective medical findings of derangement to the claimant’s lumbar spine; \nspecifically, at the L5-S1 level where the MRI revealed a “posterior annular fissure with diffused \ndisc bulge.” This is the same level that Dr. Johnson performed a microdiscectomy on March 6, \n2025. \n The  claimant  must  also  show  by  a  preponderance  of  the  evidence  a causal connection \nbetween the lifting incident on October 25, 2024, he alleges and those objective medical findings \nhe is able to prove. The  claimant immediately reported his injury and sought medical treatment \nthe  day  after.  The  claimant  then  re-reported  his  injury  when  he  returned  to  work  after  the \nweekend. The claimant’s testimony has been consistent with medical records in evidence, except \n\nUpdegraff – H407474 \n \n-17- \nthe first emergency room visit, which reports an injury two weeks ago instead of two days ago. I \nbelieve  this  to  be  an  error  in  the  medical  record.  The  claimant  has  no  prior  history  of  lumbar \nspine  difficulties  until  his  October  25,  2024,  incident.  APRN  Nelson,  who  is  part  of  Dr. \nJohnson’s medical team, in a December 5, 2024, medical record states, “Patient has ulnar tear \nand small lumbar disc herniation at L5-S1 that is more likely than not secondary to heavy lifting \nat work.” Finally, the claimant reports that the surgical intervention by Dr. Johnson has improved \nhis condition and on direct examination gave the following testimony: \nQ Okay. All right. So on March 6\nth\n of this year, of 2025, you \ndo, in fact, go to Dr. Johnson and he performs what he called in his \nrecords a microdiscectomy? \n \nA Yes, sir. \n \nQ Okay. At L5-S1. What were the results of that surgery? \n \nA It helped a lot. I don’t have no more pain in my right leg. \n \nQ Okay. So let’s stick with the right leg. So you are saying \nthe burning, stabbing, charley horse pain that had been in your leg \nsince 10/25 was gone? \n \nA Yes. \n \nQ Okay.  Not  down  to  a  seven  or  a  five  or  a  three.  You  are \nsaying that pain was gone? \n \nA Yes. \n \nQ Do   you   ever   have   any   problems   with   the   right   leg \nanymore? \n \nA Every now and  then  it  will  flare  up.  It  lasts  for  a  few \nseconds and goes away. \n \nQ What does that feel like? \n \nA Kind of like a throbbing. \n \n\nUpdegraff – H407474 \n \n-18- \nQ Okay. But you are saying that lasts for only a few seconds? \n \nA Yes, sir. \n \nQ Okay. So would you consider – as we sit here today, would \nyou consider your right leg healed by this surgery? \n \nA Yes. \n \nQ Okay. Let’s talk about your low back now. You said before \nthe surgery it was a ten. It was the worse pain you’ve had. \n \nA Right. \n \nQ After  the  surgery,  after  Dr.  Johnson  went  in  and  did  the \nmicrodiscectomy  that  removed  all  your  right  leg  pain,  what  did  it \ndo for pain in your lumbar spine? \n \nA It knocked it downs to about a seven. \n \nQ Okay. So you went from a ten to a seven? \n \nA Yes, sir. \n \n The  claimant  is  able  to  prove  by  a  preponderance  of  the  evidence  that  he  sustained  a \ncompensable lumbar spine injury on October 25, 2024.  \n The  claimant  has  asked  the  Commission  to  determine  whether  he  is  entitled  to medical \ntreatment for his compensable lumbar spine injury. \nEmployers  must  promptly  provide  medical  services  which  are  reasonably  necessary  in \nconnection  with  the  compensable  injuries,  Ark.  Code  Ann.  §11-9-508(a).    However,  injured \nemployees have the burden of proving by a preponderance of the evidence that medical treatment \nis  reasonably  necessary.   Patchell  v.  Wal-Mart  Stores,  Inc.,  86  Ark.  App.  230,  184  S.W.3d  31 \n(2004).    What  constitutes  reasonable  and  necessary  medical  treatment  is  a  fact  question  for  the \nCommission,  and  the  resolution  of  this  issue  depends  upon  the  sufficiency  of  the  evidence.  \nGansky v. Hi-Tech Engineering, 325 Ark. 163, 924 S.W.2d 790 (1996). \n\nUpdegraff – H407474 \n \n-19- \n After  a  review  of  the  medical  evidence  submitted  into  the  record,  I  find  the  treatment \nrecords  admitted  into  evidence  are  reasonable  and  necessary  treatment  for  the  claimant’s \ncompensable  lumbar  spine  injury.  The  respondents  shall  be  responsible  for  the  payment  of  that \ntreatment.  This  is  to  include  reimbursement  to  the  claimant  for  out-of-pocket  expenses  and \nmileage per the Arkansas Workers' Compensation Act. \n The claimant has asked the Commission to determine if he is entitled to temporary total \ndisability benefits.  \n  In order to be entitled to temporary total disability benefits, the claimant has the burden \nof proving by a preponderance of the evidence that he remains within his healing period and that \nhe suffers a total incapacity to earn wages as a result of his compensable injury. Arkansas State \nHighway  &  Transportation  Department  v.  Breshears, 272  Ark.  244,  613  S.W.  2d  392  (1981).\n The  claimant  last  worked  for  the  respondent  at  the  end  of  the  first week  of November \n2024. It was the claimant’s testimony that he was unable to continue doing the light duty work \nthat was assigned to him by the respondent. The medical provider of the respondent’s choice \nduring that same time frame determined via APRN Banning that the claimant’s back difficulties \nwere  not  work  related  and  returned  the  claimant  to  regular  duty.  However,  the  claimant  did \nsuffer a compensable lumbar spine injury and was in his healing period during that time frame. I \nfind  that  the  claimant  was  suffering  a  total  incapacity  to  earn  wages  due  to  his  compensable \nlumbar spine injury when he was no longer able to continue light duty work sometime around the \nend  of  the  first  week  of  November  2024.  The  claimant  is  entitled  to  temporary  total  disability \nbenefits which shall begin the day after he last worked in November 2024 until a date yet to be \ndetermined.  \n\nUpdegraff – H407474 \n \n-20- \n From a review of the record as a whole, to include medical reports, documents, and other \nmatters properly before the Commission, and having had an opportunity to hear the testimony of \nthe  witness  and  to  observe his demeanor,  the  following  findings  of  fact  and  conclusions  of  law \nare made in accordance with A.C.A. §11-9-704: \n FINDINGS OF FACT & CONCLUSIONS OF LAW \n 1.  The  stipulations  agreed  to  by  the  parties  at  the  pre-hearing  conference  conducted  on \nAugust  21,  2025,  and  contained  in  a  Pre-hearing  Order  filed August  22,  2025,  are  hereby \naccepted as fact. \n 2. The  claimant  has  proven  by  a  preponderance  of  the  evidence  that  he  sustained  a \ncompensable lumbar spine injury on October 25, 2024. \n 3.  The  claimant  has  proven  by  a  preponderance  of  the  evidence  that  he  is  entitled  to \nmedical treatment for his compensable lumbar spine injury, including reimbursement for out-of-\npocket expenses and mileage per the Arkansas Workers' Compensation Act. \n 4.  The  claimant  has  proven  by  a  preponderance  of  the  evidence  that  he  is  entitled  to \ntemporary  total  disability  benefits  beginning  the  day  after  he  last  worked  for  the  respondent  in \nNovember 2024 to a date yet to be determined.  \n 5.  The  claimant  has  proven  by  a  preponderance  of  the  evidence  that  his  attorney  is \nentitled to an attorney’s fee in this matter. \n ORDER \nThe  respondents  shall  pay  the  costs  associated  with  the  medical  treatment  for  the \nclaimant’s compensable lumbar spine injury, including surgical intervention by Dr. Johnson. The \nrespondents  shall  also  be  responsible  for  any  out-of-pocket  expenses  of  the  claimant  from  said \nmedical treatment, including mileage, as directed by the Arkansas Workers’ Compensation Act. \n\nUpdegraff – H407474 \n \n-21- \nThe respondents shall pay the claimant temporary total disability benefits beginning the day after \nthe  last  day  the  claimant  worked  in  November  2024  to  a  date  yet  to  be  determined.  That \ntemporary  total  disability  shall  be  paid  at  the  appropriate  rate  which  was  not  an  issue  brought \nbefore the Commission in this matter. \n The respondent shall pay to the claimant’s attorney the maximum statutory attorney’s \nfee  on  the  benefits  awarded  herein,  with  one-half  of said  attorney’s  fee  to  be  paid  by  the \nrespondent in addition to such benefits and one-half of said attorney’s fee to be withheld by the \nrespondent from such benefits pursuant to Ark. Code Ann. § 11-9-715. \n All sums herein accrued are payable in a lump sum and without discount and shall earn \ninterest at the legal rate until paid. \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. H407474 CHARLES UPDEGRAFF, Employee CLAIMANT TRANE COMMERCIAL, Employer RESPONDENT FARMINGTON CASUALTY CO., Carrier RESPONDENT OPINION FILED JANUARY 22, 2026 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas. Cl...","fetched_at":"2026-05-19T22:33:07.846Z","links":{"html":"/opinions/alj-H407474-2026-01-22","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/UPDEGRAFF_CHARLES_H407474_20260122.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}