{"id":"full_commission-H302552-2024-12-17","awcc_number":"H302552","decision_date":"2024-12-17","opinion_type":"full_commission","claimant_name":"Sarah Papp","employer_name":"Northwest Medical Center Benton Co","title":"PAPP VS. NORTHWEST MEDICAL CENTER BENTON CO. AWCC# H302552 December 18, 2024","outcome":"affirmed","outcome_keywords":["affirmed:2","denied:2"],"injury_keywords":["neck","shoulder","back","cervical"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Papp_Sarah_H302552_20241217.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Papp_Sarah_H302552_20241217.pdf","text_length":4174,"full_text":"NOT DESIGNATED FOR PUBLICATION \n \nBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \nCLAIM NO. H302552 \n \nSARAH SIX PAPP, EMPLOYEE    CLAIMANT \n \nNORTHWEST MEDICAL CENTER BENTON CO.,  \nEMPLOYER                                                                           RESPONDENT \n \nAIU INSURANCE/GALLAGHER BASSETT  \nSERVICES, CARRIER/TPA                                                   RESPONDENT \n \nOPINION FILED DECEMBER 17, 2024 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE EDDIE H. WALKER, JR., \nAttorney at Law, Fort Smith, Arkansas. \n \nRespondents represented by the HONORABLE JAMES A. ARNOLD, II, \nAttorney at Law, Fort Smith, 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 July 2, 2024. In said order, the Administrative Law Judge made \nthe following findings of fact and conclusions of law: \n1. The stipulations agreed to by the parties at a pre-\nhearing conference conducted on November 1, 2023 \nand contained in a pre-hearing order filed that same \ndate are hereby accepted as fact.  \n \n2. Claimant has failed to meet her burden of proving by a \npreponderance of the evidence that she suffered a \ncompensable injury to her neck, left shoulder, upper \n\nSix Papp-H302552  2 \n \n \nextremities and back on January 19, 2023 and/or \nJanuary 20, 2023. \n \n We have carefully conducted a de novo review of the entire record \nherein, and it is our opinion the Administrative Law Judge's decision is \nsupported by a preponderance of the credible evidence, correctly applies \nthe law, and should be affirmed. Specifically, we find from a preponderance \nof the evidence the findings of fact made by the Administrative Law Judge \nare correct and they are, therefore, adopted by the Full Commission.  \n Therefore, we affirm and adopt the July 2, 2024 decision of the \nAdministrative Law Judge, including all findings and conclusions therein, as \nthe decision of the Full Commission on appeal.  \n IT IS SO ORDERED. \n    ___________________________________ \n    SCOTTY DALE DOUTHIT, Chairman \n \n    ___________________________________ \n    MICHAEL R. MAYTON, Commissioner  \n \n \n \n     \nCommissioner Willhite concurs. \n \n \nCONCURRING OPINION \n \n After my de novo review of the entire record, I concur with the \nmajority opinion finding that the Claimant failed to prove by a \n\nSix Papp-H302552  3 \n \n \npreponderance of the evidence that she suffered a compensable injury to \nher neck, left shoulder, upper extremities and back on January 19, 2023, \nand/or January 20, 2023. \n While Claimant did sustain an aggravation to her cervical spine, \nthere is insufficient evidence in the record to prove by a preponderance of \nthe evidence that this aggravation occurred as a result of a specific incident \nin the course and scope of her employment with the Respondent. To \nestablish a compensable injury by a preponderance of the evidence the \nClaimant must prove: (1) an injury arising out of and in the course of \nemployment; (2) that the injury caused internal or external harm to the body \nwhich required medical services or resulted in disability or death; (3) \nmedical evidence supported by objective findings, as defined in Ark. Code \nAnn. §11-9-102(16), establishing the injury; and (4) that the injury was \ncaused by a specific and identifiable time and place of occurrence. Ark. \nCode Ann. § 11-9-102(4)(A)(i). Although there is some evidence in the \nrecord to support the Claimant’s contention of a specific incident at her \nplace of employment there is also evidence that contradicts this contention. \nAs a result, I cannot find by a preponderance of the credible evidence that \nthe Claimant’s injury to her neck, left shoulder, upper extremities and back \noccurred on either January 19, 2023, or January 20, 2023, and therefore \ncannot say that the Claimant suffered any compensable injury.  \n\nSix Papp-H302552  4 \n \n \n For the foregoing reason, I concur with the majority opinion. \n \n    ___________________________________ \n    M. SCOTT WILLHITE, Commissioner","preview":"NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H302552 SARAH SIX PAPP, EMPLOYEE CLAIMANT NORTHWEST MEDICAL CENTER BENTON CO., EMPLOYER RESPONDENT AIU INSURANCE/GALLAGHER BASSETT SERVICES, CARRIER/TPA RESPONDENT OPINION FILED DECEMBER 17, 2024 Upon review before the FULL CO...","fetched_at":"2026-05-19T22:29:44.783Z","links":{"html":"/opinions/full_commission-H302552-2024-12-17","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Papp_Sarah_H302552_20241217.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}