{"id":"full_commission-H104834-2024-02-14","awcc_number":"H104834","decision_date":"2024-02-14","opinion_type":"full_commission","claimant_name":"Kelli Hellums","employer_name":"Area Agency On Aging Western Arkansas","title":"HELLUMS VS. AREA AGENCY ON AGING WESTERN ARKANSAS AWCC# H104834 FEBRUARY 14, 2024","outcome":"affirmed","outcome_keywords":["affirmed:1"],"injury_keywords":["back","lumbar"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Hellums_Kelli_H104834_20240214.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Hellums_Kelli_H104834_20240214.pdf","text_length":5477,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n \nCLAIM NO.  H104834 \n \nKELLI S. HELLUMS, \nEMPLOYEE \n \nCLAIMANT \nAREA AGENCY ON AGING WESTERN \nARKANSAS, EMPLOYER \n \nRESPONDENT \nRISK MANAGEMENT RESOURCES, \nINSURANCE CARRIER/TPA \nRESPONDENT \n  \n      \nOPINION FILED FEBRUARY 14, 2024 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE MATTHEW J. KETCHAM, \nAttorney at Law, Fort Smith, Arkansas. \n \nRespondents represented by the HONORABLE MELISSA WOOD, Attorney \nat Law, Little Rock, Arkansas. \n \nDecision of Administrative Law Judge:  Affirmed. \n \n \n OPINION AND ORDER \nThe respondents appeal an administrative law judge’s opinion filed \nApril 6, 2023.  The administrative law judge found that the claimant timely \nfiled a Form AR-C.  After reviewing the entire record de novo, the Full \nCommission affirms the administrative law judge’s opinion.   \nI.  HISTORY \n The parties have stipulated that the claimant “sustained a \ncompensable injury to her lower back” on August 6, 2020.  The parties \nstipulated that the claim “was accepted as a medical-only claim.”  It was \nstipulated that “the parties reached a settlement when Claimant was \n\nHELLUMS - H104834  2\n  \n \n \nunrepresented, and paperwork was submitted to the Commission on June \n10, 2021.  Matt Ketcham notified the adjuster of his representation on June \n11, 2021 and later notified the Commission of his appearance on October \n14, 2021.  A Joint Petition hearing never took place, and the file was \nreturned to general files on January 26, 2022.”   \nThe claimant signed a Form AR-C, CLAIM FOR COMPENSATION, \ndated August 8, 2022.  The ACCIDENT INFORMATION section of the Form \nAR-2 indicated that the Date of Accident was August 6, 2020, “Claimant \nwas at a client’s house and went to put shoes on the client and felt an \nimmediate immense pain in the lumbar spine, mainly on the left side.”  The \nCLAIM INFORMATION section of the Form AR-C indicated that the \nclaimant claimed “initial” benefits and “additional” benefits.  The “additional” \nbenefits included “Additional Temporary Total,” “Additional Temporary \nPartial Disability,” “Additional Permanent Partial,” “Additional Medical \nExpenses,” “Rehabilitation,” “Attorney Fees,” and “Other.” \nThe parties have stipulated that the claimant “filed a Form C with the \nCommission on August 8, 2022, and no previous filings were made before \nthat date.”   \nThe parties stipulated, “Claimant’s counsel was notified by letter \ndated August 8, 2022 that the adjuster was closing her file and was taking \nthe position that the statute of limitations had run.”     \n\nHELLUMS - H104834  3\n  \n \n \nAn administrative law judge filed an opinion on April 6, 2023.  The \nadministrative law judge found: \n1.  The stipulations submitted by the parties are hereby        \naccepted as fact. \n2.  The Form C filed by claimant was timely filed.   \n3.  There is no binding contract to resolve this matter by joint \npetition.   \n \nNeither party appeals the administrative law judge’s finding with \nregard to whether there is a binding contract to resolve the matter by joint \npetition.  The respondents appeal the administrative law judge’s finding that \nthe claimant timely filed the “Form C.”   \nII.  ADJUDICATION \n Ark. Code Ann. §11-9-702(Repl. 2012) provides, in pertinent part: \n  (b)  TIME FOR FILING ADDITIONAL COMPENSATION. \n(1)  In cases in which any compensation, including disability or \nmedical, has been paid on account of injury, a claim for \nadditional compensation shall be barred unless filed with the \ncommission within one (1) year from the date of the last \npayment of compensation or two (2) years from the date of \nthe injury, whichever is greater.   \n \n The burden of filing a claim for additional benefits within the statute \nof limitations is upon the claimant.  St. John v. Arkansas Lime Co., 8 Ark. \nApp. 278, 651 S.W.2d 104 (1983).   \n In the present matter, the parties stipulated that the claimant \nsustained a compensable injury on August 6, 2020.  The respondents state \nthat the last medical benefits were paid in May 2021.  Therefore the \n\nHELLUMS - H104834  4\n  \n \n \n“greater” filing period enumerated in the applicable statute of limitations \nwould be August 6, 2022.  However, August 6, 2022 fell on a Saturday, on \nwhich date Arkansas State offices were closed for business and the Clerk \nof the Commission was not available for filing a claim.  The parties \nstipulated that the claimant filed a Form AR-C, claim for additional \ncompensation, on August 8, 2022.  August 8, 2022 fell on a Monday, the \nnext day Arkansas State offices were open for business following August 6, \n2022, and on which date the Clerk of the Commission was available for \nfiling a claim.      \n The Full Commission finds that the claimant filed a claim for \nadditional compensation within the two-year period set forth in Ark. Code \nAnn. §11-9-702(b)(1)(Repl. 2012).  See Parrish Esso Service Center v. \nAdams, 237 Ark. 560, 374 S.W.2d 468 (560); Ark. Rules of Civil Procedure, \nRule 6(a)(2023).   \n The Full Commission therefore affirms the administrative law judge’s \nfinding, “2.  The Form C filed by claimant was timely filed.”   \n IT IS SO ORDERED. \n    ___________________________________ \n    SCOTTY DALE DOUTHIT, Chairman \n \n    ___________________________________ \n    M. SCOTT WILLHITE, Commissioner \n \n    ___________________________________ \n    MICHAEL R. MAYTON, Commissioner","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H104834 KELLI S. HELLUMS, EMPLOYEE CLAIMANT AREA AGENCY ON AGING WESTERN ARKANSAS, EMPLOYER RESPONDENT RISK MANAGEMENT RESOURCES, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED FEBRUARY 14, 2024","fetched_at":"2026-05-19T22:29:45.952Z","links":{"html":"/opinions/full_commission-H104834-2024-02-14","pdf":"https://labor.arkansas.gov/wp-content/uploads/Hellums_Kelli_H104834_20240214.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}