{"id":"full_commission-H401589-2025-07-02","awcc_number":"H401589","decision_date":"2025-07-02","opinion_type":"full_commission","claimant_name":"Becky Keeter","employer_name":"Clay Maxey Chevrolet Cadillac","title":"KEETER VS. CLAY MAXEY CHEVROLET CADILLAC AWCC# H401589 July 02, 2025","outcome":"granted","outcome_keywords":["granted:1"],"injury_keywords":["back","strain","lumbar","herniated"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Keeter_Becky_H401589_20250702.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Keeter_Becky_H401589_20250702.pdf","text_length":7128,"full_text":"NOT DESIGNATED FOR PUBLICATION \n \nBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \nCLAIM NO. H401589 \n \nBECKY L. KEETER, EMPLOYEE    CLAIMANT \n \nCLAY MAXEY CHEVROLET CADILLAC, \nEMPLOYER                                                                           RESPONDENT \n \nCENTRAL ARKANSAS AUTO DEALERS/ \nRISK MANAGEMENT RESOURCES, \nCARRIER/TPA                                                                       RESPONDENT \n \nOPINION FILED JULY 2, 2025 \n \nUpon review before the FULL COMMISSION in Little Rock, Pulaski County, \nArkansas. \n \nClaimant represented by the HONORABLE  DANIEL E. WREN, Attorney at \nLaw, Little Rock, Arkansas. \n \nRespondents represented by the HONORABLE MELISSA WOOD, 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 February 5, 2025. In said order, the Administrative Law Judge \nmade the following findings of fact and conclusions of law: \n1. That the Arkansas Workers’ Compensation \nCommission has jurisdiction over this claim. \n  \n2. An employer/employee relationship existed at all \npertinent times.  \n \n3. Claimant suffered a compensable injury to her back.  \n\n \nKeeter-H401589    2  \n \n \n \n4. The claimant earned an average weekly wage of \n$1322.91, sufficient for a TTD/PPD rate of \n$835.00/$626.00 respectively.  \n \n5. That the issue of “termination for cause” was not barred \nby collateral estoppel.  \n \n6. That the claimant has failed to satisfy the required \nburden of proof to prove by a preponderance of the \nevidence that she is entitled to temporary total \ndisability.  \n \n7. That all remaining issues are moot.  \n \n8. If not already paid, the respondents are ordered to pay \nfor the cost of the transcript forthwith. \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 that the findings of fact made by the Administrative Law \nJudge are correct and they are, therefore, adopted by the Full Commission.  \n Therefore, we affirm and adopt the February 5, 2025 decision of the \nAdministrative Law Judge, including all findings and conclusions therein, as \nthe decision of the Full Commission on appeal.  \n  \n\n \nKeeter-H401589    3  \n \n \n IT IS SO ORDERED. \n    ___________________________________ \n    SCOTTY DALE DOUTHIT, Chairman \n \n     \n    ___________________________________ \n    MICHAEL R. MAYTON, Commissioner \n \n \n \nCommissioner Willhite dissents. \n \nDISSENTING OPINION \n  The ALJ found that the Claimant failed to prove by a preponderance \nof  the  evidence  that  she  is  entitled  to  temporary  total  disability.  After \nconducting a thorough review of the record, I would find that the Claimant is \nentitled to temporary total disability benefits from January 19, 2024, to a date \nyet to be determined. \n Temporary total disability benefits are appropriate where the employee \nremains in the healing period and is totally incapacitated from earning wages. \nArk. State Highway Dep’t v. Breshears, 272 Ark. 244, 613 S.W.2d 392 (1981). \nThe Claimant has the burden of proof in showing that he remains in his \nhealing period and is totally incapacitated from earning wages. Id. According \nto Arkansas Code Annotated § 11-9-526:  \n\n \nKeeter-H401589    4  \n \n \nIf  any  injured  employee  refuses  employment \nsuitable  to  his  or  her  capacity  offered  to  or \nprocured for him or her, he or she shall not be \nentitled  to  any  compensation  during  the \ncontinuance of the refusal, unless in the opinion \nof the Workers’ Compensation Commission, the \nrefusal is justifiable.  \n \n On September 1, 2023, Claimant suffered a compensable injury to her \nlower  back  while  working  for  the  Respondent.  On  September  15,  2023, \nClaimant was seen by Kimberly Peters, APRN, and diagnosed with a strain \nof the Claimant’s lumbar region and given the work restrictions of “Continue \nlight duty. No bending over. No lifting more than 10 pounds.” On January 8, \n2024, Claimant underwent an MRI which showed:  \n  IMPRESSION: \nDegenerative   changes   throughout   the \nlumbosacral spine, and at the L1-2 level, there is \nno central canal or neural foraminal stenosis.  \nThe L2-3 and L3-4 levels reveal bony spurring \nand early disc disease and flattening of the thecal \nsac but not causing severe central canal neural \nforaminal stenosis.  \nAt the L4-5 level, there are early type I Modic \nchanges  with  a  herniated  nucleus  pulposus \nflattening the thecal sac and narrowing the left \nneural foramen and the right neural foramen to \nsome degree.  \nFacet joint disease is present.  \n[Unreadable] S1 levels more normal appearing.  \nThis is rather dramatically changed since 2015.  \n\n \nKeeter-H401589    5  \n \n \nClaimant followed up with Kimberly Peters, APRN after her MRI on January \n11, 2024, and was diagnosed with a herniation of the intervertebral disc of \nlumbosacral region. Peters gave the Claimant the work restrictions of “Light \nduty. Wear lumbar back support. Sit down job best until further evaluation. \nNo lifting more than 1 pound. No bending over to pick anything up off the \nfloor. No quick twisting or turning.” Claimant was fired for cause from her \nposition with the Respondent on January 19, 2024. On February 5, 2024, \nClaimant followed up with Dr. Wayne Bruffett who diagnosed Claimant with \nherniated nucleus polyposis L4-5 with bilateral radiculopathy worse on the \nright.  Dr.  Bruffett  stated  that  Claimant’s  “current  reported  symptoms  do \ncorrelate with the mechanism of injury,” and recommended the Claimant for \na complete discectomy and fusion.  \n In Tyson Poultry, Inc., v. Narvaiz, the Supreme Court of Arkansas \nfound  that  “when  an  employer  terminates  a  workers’  compensation \nClaimant’s employment due to his misconduct, the Claimant has not refused \nemployment; rather, his employment has been terminated at his employer’s \noption.” Claimant was placed on strict work restrictions on January 11, 2024 \nby  Kimberly  Peters, APRN  as  a  result  of  her  compensable  injuries  she \nreceived  while  working  for  the  Respondent.  Claimant  was  then  fired  for \nalleged misconduct on January 19, 2024, similar to the facts of Tyson v. \n\n \nKeeter-H401589    6  \n \n \nNarvaiz. I find that at the time of the termination, Claimant was unable to earn \nwages due to her compensable injury and resulting work restrictions and that \nit is reasonable to conclude that she was totally incapacitated. Claimant \nclearly was within her healing period, and Claimant did not refuse to work \ndue to her termination with Respondent. Therefore, I find that the Claimant is \nentitled to temporary total disability from January 19, 2024, to a date yet to \nbe determined.  \nFor the reasons stated above, I respectfully dissent.  \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n________________________ \n \nM. Scott Willhite, Commissioner","preview":"NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H401589 BECKY L. KEETER, EMPLOYEE CLAIMANT CLAY MAXEY CHEVROLET CADILLAC, EMPLOYER RESPONDENT CENTRAL ARKANSAS AUTO DEALERS/ RISK MANAGEMENT RESOURCES, CARRIER/TPA RESPONDENT OPINION FILED JULY 2, 2025 Upon review before the F...","fetched_at":"2026-05-19T22:29:44.100Z","links":{"html":"/opinions/full_commission-H401589-2025-07-02","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Keeter_Becky_H401589_20250702.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}