{"id":"full_commission-H303140-2025-04-30","awcc_number":"H303140","decision_date":"2025-04-30","opinion_type":"full_commission","claimant_name":"Julie Moore","employer_name":"Greenbrier Nursing & Rehab Center","title":"MOORE VS. GREENBRIER NURSING & REHAB CENTER AWCC# H303140 April 30, 2025","outcome":"denied","outcome_keywords":["affirmed:2","granted:2","denied:3"],"injury_keywords":["back","hip"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads//Moore_Julie_H303140_20250430.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Moore_Julie_H303140_20250430.pdf","text_length":4231,"full_text":"NOT DESIGNATED FOR PUBLICATION \n \nBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \nCLAIM NO. H303140 \n \nJULIE MOORE, EMPLOYEE    CLAIMANT \n \nGREENBRIER NURSING & REHAB  \nCENTER, EMPLOYER                                                          RESPONDENT \n \nINDEMNITY INSURANCE COMPANY OF \nNORTH AMERICA/ESIS, INC., CARRIER/TPA                     RESPONDENT \n \n \nOPINION FILED APRIL 30, 2025 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE LAURA BETH YORK, Attorney \nat Law, Little Rock, Arkansas. \n \nRespondents represented by the HONORABLE ERIC NEWKIRK, 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 Law \nJudge filed December 3, 2024. In said order, the Administrative Law Judge \nmade the following findings of fact and conclusions of law: \n1. The AWCC has jurisdiction over this claim.  \n \n2. The previously-noted stipulations are accepted as fact.  \n \n3. The claimant failed to prove by a preponderance of the \nevidence that she suffered compensable injuries to her \nback/spin or hip by specific incident.  \n\nMoore-H303140    2 \n \n \n4. The claimant, thus, failed to prove by a preponderance \nof the evidence that she is entitled to the benefits \nsought.  \n \n5. The issue of determining the claimant’s average weekly \nwage is moot.  \n \n6. The claimant failed to prove by a preponderance of the \nevidence that she is entitled to an attorney’s fee. \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 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 December 3, 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    ___________________________________ \n    MICHAEL R. MAYTON, Commissioner \n \n \nCommissioner Willhite concurs. \n \n \n\nMoore-H303140    3 \n \n \nCONCURRING OPINION \n \n After my de novo review of the record, I concur with the majority \nopinion finding that the Claimant failed to prove by a preponderance of the \nevidence that she suffered compensable injuries to her back/spine or hip by \nspecific incident. I write separately for the benefit of the Claimant.  \n Claimant was employed with the Respondent for her first shift on \nApril 29, 2023. During her shift, the Claimant was seen moving a bed for a \npatient. While Claimant stated that she was in pain as a result of her \nemployment with the Respondent, specifically stating that she bumped into \nthe nurse’s station with a broken bed, there is insufficient evidence of an \nobjective injury as required by Ark. Code Ann. § 11-9-102(4)(D). 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). Further, although diagnostic testing \nshowed some abnormalities in the Claimant’s lower back, there is \ninsufficient evidence to conclude those abnormalities resulted from any \nincident at the workplace. While the Claimant is a credible witness, I cannot \nsay that the evidence in the record is sufficient to meet the required burden \nof proof by a preponderance of the evidence that she suffered compensable \ninjuries to her back/spine or hip by specific incident.  \n\nMoore-H303140    4 \n \n \n  Accordingly, for the reasons set forth above, I must dissent. \n \n                                                            _____________________________             \n                                                        M. SCOTT WILLHITE, Commissioner","preview":"NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H303140 JULIE MOORE, EMPLOYEE CLAIMANT GREENBRIER NURSING & REHAB CENTER, EMPLOYER RESPONDENT INDEMNITY INSURANCE COMPANY OF NORTH AMERICA/ESIS, INC., CARRIER/TPA RESPONDENT OPINION FILED APRIL 30, 2025 Upon review before the ...","fetched_at":"2026-05-19T22:29:44.446Z","links":{"html":"/opinions/full_commission-H303140-2025-04-30","pdf":"https://www.labor.arkansas.gov/wp-content/uploads//Moore_Julie_H303140_20250430.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}