{"id":"full_commission-H305153-2024-08-21","awcc_number":"H305153","decision_date":"2024-08-21","opinion_type":"full_commission","claimant_name":"Ricky Smith","employer_name":"Arkansas Department Of Transportation","title":"SMITH VS. ARKANSAS DEPARTMENT OF TRANSPORTATION AWCC# H305153 August 21, 2024","outcome":"affirmed","outcome_keywords":["affirmed:3","granted:3"],"injury_keywords":["neck","back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/Smith_Ricky_H305153_20240821.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Smith_Ricky_H305153_20240821.pdf","text_length":2690,"full_text":"NOT DESIGNATED FOR PUBLICATION \n \nBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \nCLAIM NO.  H305153 \n \nRICKY SMITH, EMPLOYEE  CLAIMANT \n \nARKANSAS DEPARTMENT OF TRANSPORTATION,  \nEMPLOYER RESPONDENT \n \nPUBLIC EMPLOYEE CLAIMS DIVISION,  \nINSURANCE CARRIER/TPA RESPONDENT \n \nOPINION FILED AUGUST 21, 2024 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant is Pro Se.  \n \nRespondents represented by the HONORABLE ROBERT H. \nMONTGOMERY, 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 May 24, 2024.  In said order, the Administrative Law Judge \nmade the following findings of fact and conclusions of law: \n1. The Arkansas Workers’ Compensation Commission has jurisdiction \nover this claim. \n \n2. The stipulations set forth above are reasonable and are hereby \naccepted. \n \n3. Claimant has not proven by a preponderance of the evidence that \nthe instant claim for initial benefits was timely filed.  Instead, the \n\n \nSMITH - H305153  2\n  \n \n \nevidence preponderates that it is barred by the statute of limitations \nset forth in Ark. Code Ann. § 11-9-702(a)(1) (Repl. 2012). \n \n4. Because of the above finding, the remaining issues–whether \nClaimant sustained compensable injuries to his neck, back, \nshoulders, chest, and arms by specific incident, when did he provide \nnotice of his alleged injuries, whether he is entitled to reasonable and \nnecessary medical treatment of his alleged injuries, whether he is \nentitled to temporary total disability benefits, and whether \nRespondents are entitled to an offset–are moot and will not be \naddressed. \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 May 24, \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  \n \n \n\n \nSMITH - H305153  3\n  \n \n \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. H305153 RICKY SMITH, EMPLOYEE CLAIMANT ARKANSAS DEPARTMENT OF TRANSPORTATION, EMPLOYER RESPONDENT PUBLIC EMPLOYEE CLAIMS DIVISION, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED AUGUST 21, 2024 Upon review before the FULL COMM...","fetched_at":"2026-05-19T22:29:45.179Z","links":{"html":"/opinions/full_commission-H305153-2024-08-21","pdf":"https://labor.arkansas.gov/wp-content/uploads/Smith_Ricky_H305153_20240821.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}