{"id":"full_commission-H300312-2024-07-30","awcc_number":"H300312","decision_date":"2024-07-30","opinion_type":"full_commission","claimant_name":"Tab Ogden","employer_name":"Mcdonald’s/buckliew Enterprises","title":"OGDEN VS. McDONALD’S/BUCKLIEW ENTERPRISES AWCC# H300312 JULY 30, 2024","outcome":"affirmed","outcome_keywords":["affirmed:3","granted:1","denied:2"],"injury_keywords":["shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Ogden_Tab_H300312_20240730.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Ogden_Tab_H300312_20240730.pdf","text_length":2388,"full_text":"NOT DESIGNATED FOR PUBLICATION \n \nBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \nCLAIM NO.  H300312 \n \nTAB J. OGDEN, EMPLOYEE  CLAIMANT \n \nMcDONALD’S/BUCKLIEW ENTERPRISES,  \nEMPLOYER RESPONDENT \n \nRISK MANAGEMENT RESOURCES,  \nINSURANCE CARRIER/TPA RESPONDENT \n \nOPINION FILED JULY 30, 2024 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE FREDERICK S. “RICK” \nSPENCER, Attorney at Law, Mountain Home, Arkansas. \n \nRespondents represented by the HONORABLE CAROL LOCKARD \nWORLEY, Attorney at 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 Law \nJudge filed April 23, 2024.  In said order, the Administrative Law Judge \nmade the following findings of fact and conclusions of law: \n1. The stipulations agreed to by the parties at the pre-hearing \nconference conducted on October 9, 2023, and contained in a Pre-\nhearing Order filed October 10, 2023, are hereby accepted as fact.   \n \n2. The claimant has failed to prove by a preponderance of the evidence \nthat he sustained a compensable injury to his right shoulder on or \nabout November 21, 2022.  \n \n\n \nOGDEN - H300312  2\n  \n \n \n3. The claimant has failed to prove by a preponderance of the evidence \nthat he is entitled to medical treatment for his right shoulder.  \n \n4. The respondent’s defense of lack of notice is moot. \n \n We have carefully conducted a de novo review of the entire record \nherein and it is our opinion that the Administrative Law Judge's April 23, \n2024 decision 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 decision of the Administrative Law \nJudge, including all findings and conclusions therein, as the decision of the \nFull Commission on appeal.  \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":"NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H300312 TAB J. OGDEN, EMPLOYEE CLAIMANT McDONALD’S/BUCKLIEW ENTERPRISES, EMPLOYER RESPONDENT RISK MANAGEMENT RESOURCES, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED JULY 30, 2024 Upon review before the FULL COMMISSION in Lit...","fetched_at":"2026-05-19T22:29:45.258Z","links":{"html":"/opinions/full_commission-H300312-2024-07-30","pdf":"https://labor.arkansas.gov/wp-content/uploads/Ogden_Tab_H300312_20240730.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}