{"id":"full_commission-H301244-2026-02-06","awcc_number":"H301244","decision_date":"2026-02-06","opinion_type":"full_commission","claimant_name":"Maurice Adams","employer_name":"Performance Food Group, Inc","title":"ADAMS VS. PERFORMANCE FOOD GROUP, INC. AWCC# H301244 February 06, 2026","outcome":"granted","outcome_keywords":["granted:2"],"injury_keywords":["cervical","knee","neck","herniated","back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Adams_Maurice_H301244_20260206.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Adams_Maurice_H301244_20260206.pdf","text_length":8659,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n \nCLAIM NO.  H301244  \n \nMAURICE ADAMS, \nEMPLOYEE \n \nCLAIMANT \nPERFORMANCE FOOD GROUP, INC.,  \nEMPLOYER \n \nRESPONDENT \nINDEMNITY INSURANCE CO. OF N. AMERICA/ \nCORVEL ENTERPRISE CO., INC., TPA \n \n \nRESPONDENT \nOPINION FILED FEBRUARY 6, 2026 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE ANDY L. CALDWELL, Attorney \nat Law, Little Rock, Arkansas. \n \nRespondents represented by the HONORABLE RICK BEHRING, JR., \nAttorney at Law, Little Rock, Arkansas. \n \nDecision of Administrative Law Judge:  Affirmed. \n \n \n OPINION AND ORDER \nThe claimant appeals an administrative law judge’s opinion filed \nOctober 14, 2025.  The administrative law judge found that the respondents \nproved the claimant should submit to an Independent Medical Evaluation.  \nAfter reviewing the entire record de novo, the Full Commission affirms the \nadministrative law judge’s opinion.  The Full Commission directs the \nclaimant to present for an Independent Medical Examination to be \nperformed by Dr. Wayne Bruffett in accordance with Ark. Code Ann. §11-9-\n511(Repl. 2012).       \nI.  HISTORY \n\nADAMS - H301244  2\n  \n \n \n The record indicates that Maurice B. Adams, now age 63, treated at \nConcentra on April 26, 2022.  It was noted that the “injury date” was March \n14, 2022, and it was noted, “Positive MRI for severe stenosis at C6 with \ncentral and lateral nerve root compression.”  Dr. Scott Carle assigned work \nrestrictions, and he planned a referral to Dr. Brad A. Thomas.  The record \nindicates that the claimant underwent an Anterior Cervical Diskectomy and \nFusion at C6-7 in July 2022.   \n A Senior Claims Specialist signed a Form AR-2, EMPLOYER’S \nINTENT TO ACCEPT OR CONTROVERT CLAIM, on February 23, 2023.  \nThe Senior Claims Specialist reported on the Form AR-2 that the Date of \ninjury was March 14, 2022, and that the Body Part Injured was “L elbow, R \nknee, Neck”  \n Dr. Thomas’ impression on October 25, 2023 was “Neck Pain” and \n“Cervicalgia.”  An associated diagnosis was “Herniated Disc.”  It was noted \nat Little Rock Neurosurgery Clinic on December 12, 2024, “We do think he \nis at MMI (maximum medical improvement).” \n Dr. Thomas reported on December 13, 2024: \nMr. Adams is a patient of mine and I saw him on 12/12/2024.  \nI am going to place him at MMI on that date and give him an \nimpairment rating based on the spinal cord injury that he has \nhad after his surgery.  This will be based on two different \nimpairments and then using a combination table.  The first \nimpairment is an impairment of 30% of the whole person \nbased on station and gait impairment criteria.  This states the \n\nADAMS - H301244  3\n  \n \n \npatient can rise to a standing position and can maintain it with \ndifficulty but cannot walk without assistance.   \nThe second impairment criteria (sic) is for two impaired upper \nextremities, which will give 19%.  This is, the patient can use \nboth upper extremities for self-care, grasping and holding but \nhas difficulty with digital dexterity.  When you go to the \ncombination chart, this gives him a total of 43% impairment \nrating.   \nIf you have any questions, please do not hesitate to contact \nme anytime.   \n \n Dr. Thomas stated on December 17, 2024, “Mr. Adams can not \nreturn to work.  I believe he is permanently disabled.”   \nThe record contains a CLAIMANT’S RESPONSE TO PRE-\nHEARING QUESTIONNAIRE served on March 19, 2025.  The claimant \ncontended, “In the course and scope of his employment, the Claimant \nsustained compensable injuries to his neck and back on or about March 14, \n2022.  The Claimant was placed at MMI on or about September 19, 2024.  \nRespondents only paid TTD through 2/16/2024.  Dr. Thomas has assigned \nthe claimant a 43% impairment rating.  Respondents have not paid anything \ntowards the rating.  Dr. Thomas has opined that the Claimant cannot work \nand he is permanently disabled.  The Claimant contends that he is \npermanently and totally disabled or, in the alternative, is entitled to wage \nloss.  The Claimant’s attorney is entitled to attorney’s fees on all \ncontroverted indemnity benefits.  All other issues are reserved.”   \n On April 15, 2025, the respondents served a “RESPONDENTS’ \nMOTION FOR INDEPENDENT MEDICAL EXAMINATION AND \n\nADAMS - H301244  4\n  \n \n \nINCORPORATED BRIEF IN SUPPORT.”  The respondents stated, among \nother things, that the claimant “sustained compensable injuries to the neck, \nright upper extremity, and right lower extremity as a result of a specific \nincident on May 14, 2022....The Respondents have controverted the \nimpairment rating of 43% to the body as a whole....The Respondents have \nrequested an independent medical examination (“IME”) to be performed by \nDr. Wayne Bruffett[.]...The Respondents request the IME to address the \nClaimant’s current permanent anatomical impairment, work restrictions (if \nany), and future medical care.”  The claimant objected to the respondents’ \nmotion. \n A hearing was held on August 19, 2025.  At that time, the \nrespondents’ attorney stated that the respondents had accepted \ncompensability for an injury to the claimant’s neck, right arm, and right leg.  \nCounsel stated that the respondents had paid “some impairment” following \nDr. Thomas’ assessment of a 43% rating.   \n An administrative law judge filed an opinion on October 14, 2025.  \nThe administrative law judge found that the claimant should submit to an \nindependent medical evaluation by Dr. Wayne Bruffett in accordance with \nunder Ark. Code Ann. §11-9-511 (Repl. 2012).  The claimant appeals to the \nFull Commission.   \nII.  ADJUDICATION \n\nADAMS - H301244  5\n  \n \n \n Ark. Code Ann. §11-9-511 (Repl. 2012) provides, in pertinent part: \n(a)  An injured employee claiming to be entitled to \ncompensation shall submit to such physical examination \nand treatment by another qualified physician, designated \nor approved by the Workers’ Compensation Commission, \nas the commission may require from time to time if \nreasonable and necessary. \n(b) The places of examination and treatment shall be \nreasonably convenient for the employee.   \n \nAn administrative law judge found in the present matter, “2.  \nRespondents have proven by the preponderance of the evidence that \nClaimant should submit to an independent medical evaluation by Dr. Wayne \nBruffett under Ark. Code Ann. §11-9-511 (Repl. 2012) because such is \nreasonable and necessary.  Claimant will work with the Respondents to \nexpedite this evaluation.”   \nThe Full Commission finds that an examination with Dr. Bruffett is \nreasonably necessary.   \nThe limited record before the Commission shows that the claimant \nsustained a work-related accident on or about March 14, 2022.  There are \nto date no formal stipulations with regard to compensability.  Neither the \nadministrative law judge nor the parties submitted into the record a pre-\nhearing order showing the parties’ contentions.  The attorneys did state at \nthe hearing that the claimant sustained a compensable injury on March 14, \n2022.   \n\nADAMS - H301244  6\n  \n \n \nIn any event, the claimant underwent surgery, and Dr. Thomas \neventually assigned the claimant a 43% permanent anatomical impairment \nrating.  The respondents did not accept a 43% anatomical impairment rating \nbut did begin paying “some impairment.”  The claimant subsequently \ncontended that he was entitled to the full 43% rating along with permanent \ntotal disability benefits.   \nThe respondents now request that the claimant submit to an \nIndependent Medical Examination with Dr. Bruffett.  We find that the \nrespondents’ request is reasonable in accordance with Ark. Code Ann. §11-\n9-511(a)(Repl. 2012).  We direct the claimant to participate in an \nIndependent Medical Examination to be performed by Dr. Wayne Bruffett.  \nThe place of examination shall be reasonably convenient for the claimant \npursuant to Ark. Code Ann. §11-9-511(b)(Repl. 2012).  The Full \nCommission finds that the Independent Medical Examination is not contrary \nto the Court of Appeals’ holding in Burkett v. Exxon Tiger Mart, 2009 Ark. \nApp. 93, 304 S.W.3d 2, because the parties have not yet “litigated their \ncase.”   \nThe Full Commission therefore directs the claimant to present for an \nIndependent Medical Examination to be performed by Dr. Wayne Bruffett in \naccordance with Ark. Code Ann. §11-9-511(Repl. 2012). \n \n\nADAMS - H301244  7\n  \n \n \nIT IS SO ORDERED. \n \n    ___________________________________ \n    SCOTTY DALE DOUTHIT, Chairman \n \n    ___________________________________ \n    MICHAEL R. MAYTON, Commissioner \n     \n \n \nCommission Willhite dissents.","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H301244 MAURICE ADAMS, EMPLOYEE CLAIMANT PERFORMANCE FOOD GROUP, INC., EMPLOYER RESPONDENT INDEMNITY INSURANCE CO. OF N. AMERICA/ CORVEL ENTERPRISE CO., INC., TPA RESPONDENT OPINION FILED FEBRUARY 6, 2026","fetched_at":"2026-05-19T22:29:43.827Z","links":{"html":"/opinions/full_commission-H301244-2026-02-06","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Adams_Maurice_H301244_20260206.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}