{"id":"full_commission-H106661-2024-01-29","awcc_number":"H106661","decision_date":"2024-01-29","opinion_type":"full_commission","claimant_name":"Charles Lawless","employer_name":"At&t Technical Services","title":"LAWLESS VS. AT&T TECHNICAL SERVICES AWCC# H106661 JANUARY 29, 2024","outcome":"granted","outcome_keywords":["granted:1"],"injury_keywords":["cervical"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Lawless_Charles_H106661_20240129.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Lawless_Charles_H106661_20240129.pdf","text_length":6108,"full_text":"NOT DESIGNATED FOR PUBLICATION \n \nBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \nCLAIM NO. H106661\n \n \nCHARLES A. LAWLESS, EMPLOYEE                                         CLAIMANT \n \nAT&T TECHNICAL SERVICES  \nCOMPANY, INC., EMPLOYER                                              RESPONDENT \n \nSEDGWICK CLAIMS MANAGEMENT  \nSERVICES, INC., INSURANCE CARRIER/TPA                    RESPONDENT \n \nOPINION FILED JANUARY 29, 2024 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE EDDIE H. WALKER, Attorney \nat Law, Fort Smith, Arkansas. \n \nRespondents represented by the HONORABLE DAVID C. JONES, Attorney \nat Law, Little Rock, Arkansas. \n \nDecision of Administrative Law Judge:  Affirmed and Adopted. \n \nOPINION AND ORDER \n  Claimant appeals an opinion and order of the Administrative \nLaw Judge filed August 16, 2023. In said order, the Administrative Law \nJudge made the following findings of fact and conclusions of law: \n1.  The stipulations agreed to by the parties at a pre-hearing \nconference conducted on March 16, 2023, and contained \nin a pre-hearing order filed that same date are hereby \naccepted as fact.  \n \n2.  Claimant has failed to prove by a preponderance of the \nevidence that he is entitled to temporary total disability \nand/or temporary partial disability from May 1, 2022, \nthrough May 23, 2023. \n\nLawless-H106661      2  \n \n \n  We have carefully conducted a de novo review of the entire \nrecord herein and it is our opinion that the Administrative Law Judge's \ndecision is supported by a preponderance of the credible evidence, \ncorrectly applies the law, and should be affirmed. Specifically, we find from \na preponderance of the evidence that the findings of fact made by the \nAdministrative Law Judge are correct and they are, therefore, adopted by \nthe Full Commission.  \n  Therefore, we affirm and adopt the August 16, 2023 decision \nof the Administrative Law Judge, including all findings and conclusions \ntherein, as the decision of the Full Commission on appeal.  \n  IT IS SO ORDERED. \n    ___________________________________ \n    SCOTTY DALE DOUTHIT, Chairman \n \n     \n    ___________________________________ \n    MICHAEL R. MAYTON, Commissioner \n \n \nCommissioner Willhite concurs and dissents. \nDISSENTING OPINION \nThe Administrative Law Judge (hereinafter referred to as \n“ALJ”) found that the Claimant failed to prove by a preponderance of the \nevidence that he is entitled to temporary total disability and/or temporary \npartial disability benefits from May 1, 2022 through May 23, 2023. After \n\nLawless-H106661      3  \n \n \nconducting a thorough review of the record, I would find that the Claimant is \nentitled to temporary total disability benefits for the aforementioned period.  \nTemporary total disability benefits are appropriate where the \nemployee remains in the healing period and is totally incapacitated from \nearning wages. Ark. State Highway Dep’t v. Breshears, 272 Ark. 244, 613 \nS.W.2d 392 (1981). \nClaimant suffered an admittedly compensable injury to his \ncervical spine as a result of a work accident on May 28, 2021. The injury \nrequired surgical intervention in the form of a fusion, and there appears to \nbe little dispute that the Claimant remained in his healing period until at \nleast April 5, 2022, when a return-to-work statement was issued by Amanda \nHawes PA-C on behalf of Ozark Orthopedics.  \nAdditional medical records suggest that Claimant was seen by \na representative of Ozark Orthopedics again on April 21, 2022 and July 21, \n2022 but was never determined to be at maximum medical improvement. \nHowever, the July 21, 2022 medical record does cite “cervical disc disorder \nwith radiculopathy” as the “reason for visit” and determined that additional \nmedical treatment in the form of cervical injections was necessary.  Medical \nrecords also noted that the Claimant would not be at maximum medical \nimprovement for approximately six months after his visit, or January of \n2023. Thereafter, Claimant exercised his one-time right to change \n\nLawless-H106661      4  \n \n \nphysicians and began treating under Dr. Mangles in November of 2022. Dr. \nMangles placed Claimant under a 40-pound lifting restriction, assessed him \nas suffering from dysphoria, or difficulty speaking, as a result of his previous \nsurgical intervention for his compensable injury, and recommended an \nadditional surgical procedure for his compensable injury.   \nAt the time of his work accident, the Claimant worked as a \nSystems Engineer. Claimant’s supervisor testified that Claimant’s job \nrequirements included the ability to lift at least 50-pounds and the ability to \ntalk on the phone. After learning of his release to return to work, Claimant \ncontacted his supervisor to find suitable employment within his restrictions \nbut was told he was removed from his contracted position. Claimant was \nthen instructed to apply for positions on the company job search site. \nClaimant’s supervisor testified that the Respondent never offered the \nClaimant any specific employment opportunities after his release in April of \n2022. In sum, Claimant was never offered a light-duty position, or any \nposition, that was within his work-restrictions following his release. \nConsidering the work restrictions that remained in place, the failure of the \nemployer to offer the employment within his restrictions and the surgical \nrecommendation by Dr. Mangels, I find that the Claimant was unable to \nearn wages, and therefore entitled to temporary total disability benefits from \nMay 1, 2022 through May 23, 2023. See Tyson Poultry, Inc. v. Narvaiz \n\nLawless-H106661      5  \n \n \n2012 Ark. 118, 388 S.W.3d 16, and Superior Indus v. Thomaston, 72. Ark. \nApp. 7, 32 S.W.3d 52 (2000). \nAdditionally, all temporary total disability payments must be \noffset in accordance with Ark. Code Ann. § 11-9-506(b). \nFor the foregoing reasons, I dissent. \n \n                            _____________________________ \n                                                             M. SCOTT WILLHITE, Commissioner","preview":"NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H106661 CHARLES A. LAWLESS, EMPLOYEE CLAIMANT AT&T TECHNICAL SERVICES COMPANY, INC., EMPLOYER RESPONDENT SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., INSURANCE CARRIER/TPA RESPONDENT OPINION FILED JANUARY 29, 2024 Upon review be...","fetched_at":"2026-05-19T22:29:46.083Z","links":{"html":"/opinions/full_commission-H106661-2024-01-29","pdf":"https://labor.arkansas.gov/wp-content/uploads/Lawless_Charles_H106661_20240129.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}