{"id":"full_commission-H303020-2025-03-19","awcc_number":"H303020","decision_date":"2025-03-19","opinion_type":"full_commission","claimant_name":"Casey Thompson","employer_name":"Locomotive Service, Inc","title":"THOMPSON VS. LOCOMOTIVE SERVICE, INC. AWCC# H303020 March 20, 2025","outcome":"affirmed","outcome_keywords":["affirmed:1","denied:1"],"injury_keywords":["cervical"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Thompson_Casey_H303020_20250319.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Thompson_Casey_H303020_20250319.pdf","text_length":4567,"full_text":"NOT DESIGNATED FOR PUBLICATION \n \nBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \nCLAIM NO.  H303020 \n \nCASEY THOMPSON, EMPLOYEE  CLAIMANT \n \nLOCOMOTIVE SERVICE, INC., EMPLOYER RESPONDENT \n \nBERKSHIRE HATHAWAY HOMESTATE,  \nINSURANCE CARRIER/TPA RESPONDENT \n \nOPINION FILED MARCH 19, 2025 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE MICHAEL L. ELLIG, Attorney at \nLaw, Fort Smith, Arkansas. \n \nRespondents represented by the HONORABLE ZACHARY F. RYBURN, \nAttorney 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 September 27, 2024.  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 June 20, 2024, and contained in a pre-\nhearing order filed that same date are hereby accepted as fact.  \n \n2. Claimant has failed to prove by a preponderance of the evidence \nthat he suffered a compensable injury on February 26, 2023.  \n \n \n\n \nTHOMPSON - H303020  2\n  \n \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 September \n27, 2024 decision is supported by a preponderance of the credible \nevidence, correctly applies the law, and should be affirmed.  Specifically, \nwe find from a preponderance of the evidence that the findings of fact made \nby the Administrative Law Judge are correct and they are, therefore, \nadopted by the 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    MICHAEL R. MAYTON, Commissioner \n \n \nCommissioner Willhite concurs. \n \nCONCURRING OPINION \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\n \nTHOMPSON - H303020  3\n  \n \n \npreponderance of the evidence that he suffered a compensable injury on \nFebruary 26, 2023.  \nTo establish a compensable injury by a preponderance of the \nevidence the Claimant must prove: (1) an injury arising out of and in the \ncourse of employment; (2) that the injury caused internal or external harm \nto the body which required medical services or resulted in disability or \ndeath; (3) medical evidence supported by objective findings, as defined in \nArk. Code Ann. §11-9-102(16), establishing the injury; and (4) that the injury \nwas caused by a specific and identifiable time and place of occurrence.  A \ncompensable injury must be established by medical evidence supported by \nobjective findings and medical opinions addressing compensability must be \nstated within a degree of medical certainty.  Smith-Blair, Inc. v. Jones, 77 \nArk. App. 273, 72 S.W.3d 560 (2002).  \nThe employer takes the employee as he finds him.  Conway \nConvalescent Center v. Murphree, 266 Ark. 985, 585 S.W.2d 462 (Ark. \nApp. 1979).  A pre-existing disease or infirmity does not disqualify a claim if \nthe employment aggravated, accelerated, or combined with the disease or \ninfirmity to produce the disability for which compensation is sought.  See, \nNashville Livestock Commission v. Cox, 302 Ark. 69, 787 S.W.2d 664 \n(1990); Conway Convalescent Center v. Murphree, 266 Ark. 985, 585 \n\n \nTHOMPSON - H303020  4\n  \n \n \nS.W.2d 462 (Ark. App. 1979); St. Vincent Medical Center v. Brown, 53 Ark. \nApp. 30, 917 S.W.2d 550 (1996).  An increase in symptoms of a pre-\nexisting degenerative condition is sufficient to establish a compensable \ninjury.  Parker v. Atlantic Research Corp., 87 Ark. App. 145, 189 S.W.3d \n449 (2004). \nWhile the Claimant is credible, and was clearly involved in an \naccident on February 26, 2023, while at work, there is insufficient proof in \nthe record that Claimant sustained objective injuries.  Further, although \nClaimant experienced his cervical symptoms after the February 26, 2023 \nwork accident, no physician in the record states that Claimant’s symptoms \nare related to the incident.  \nFor the foregoing reasons, I concur with the majority but write \nseparately for the benefit of the Claimant.   \n \n    ___________________________________ \n  M. SCOTT WILLHITE, Commissioner","preview":"NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H303020 CASEY THOMPSON, EMPLOYEE CLAIMANT LOCOMOTIVE SERVICE, INC., EMPLOYER RESPONDENT BERKSHIRE HATHAWAY HOMESTATE, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED MARCH 19, 2025 Upon review before the FULL COMMISSION in Litt...","fetched_at":"2026-05-19T22:29:44.547Z","links":{"html":"/opinions/full_commission-H303020-2025-03-19","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Thompson_Casey_H303020_20250319.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}