{"id":"full_commission-H402896-2025-06-05","awcc_number":"H402896","decision_date":"2025-06-05","opinion_type":"full_commission","claimant_name":"Connie Roberts","employer_name":"University Of Arkansas Fayetteville","title":"ROBERTS VS. UNIVERSITY OF ARKANSAS FAYETTEVILLE AWCC# H402896 June 05, 2025","outcome":"affirmed","outcome_keywords":["affirmed:2","denied:1"],"injury_keywords":["shoulder","repetitive"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/Roberts_Connie_H402896_20250605.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/","filename":"Roberts_Connie_H402896_20250605.pdf","text_length":4793,"full_text":"NOT DESIGNATED FOR PUBLICATION \n \nBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \nCLAIM NO.  H402896 \n \nCONNIE ROBERTS, EMPLOYEE  CLAIMANT \n \nUNIVERSITY OF ARKANSAS FAYETTEVILLE, \nEMPLOYER RESPONDENT \n \nPUBLIC EMPLOYEE CLAIMS DIVISION, \nINSURANCE CARRIER/TPA RESPONDENT \n \nOPINION FILED JUNE 5, 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 CHARLES H. McLEMORE, \nJR., 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 February 5, 2025.  In said order, the Administrative Law Judge \nmade the following findings of fact and conclusions of law: \n1. The   stipulations   agreed   to   by   the   parties   at   a   pre-hearing \nconference  conducted  on  November  6,  2024  and  contained  in  a \npre-hearing order filed that same date 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 compensable \ngradual onset injury to her right shoulder and arm while employed \nby respondent. \n\n \nROBERTS - H402896  2\n  \n \n \n3. Claimant   has   failed   to   meet   her   burden   of   proving   by   a \npreponderance of the evidence that she suffered a compensable \ninjury to her right shoulder and arm as a result of a specific injury \nwhile employed by respondent. \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 February 5, \n2025 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 IT IS SO ORDERED. \n    ___________________________________ \n    SCOTTY DALE DOUTHIT, Chairman \n \n    ___________________________________ \n    MICHAEL R. MAYTON, Commissioner \n \n \nCommissioner Willhite concurs. \n \n \n\n \nROBERTS - H402896  3\n  \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 \npreponderance of the evidence that she suffered a compensable specific \nincident or gradual onset injury to her right shoulder while employed by \nRespondent.  I write separately for the benefit of the Claimant.  \n While Claimant clearly suffers from objective problems with her right \nshoulder, there does not appear to be sufficient evidence in the record to \nmeet her burden of proof as to causation of those objective problems.  To \nestablish a compensable specific incident 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. \nAlternatively, a compensable injury can develop over a period of time or \nresult from rapid repetitive motion.  Ark. Code Ann. § 11-9-102(4)(A)(ii)(a). \nFurther, with regard to a gradual onset injury the compensable injury must \nbe the major cause of the disability or need for treatment.  Ark. Code Ann. § \n\n \nROBERTS - H402896  4\n  \n \n \n11-9-102(4)(E)(ii).  In either situation, a compensable injury must be \nestablished by medical evidence supported by objective findings and \nmedical opinions addressing compensability must be stated within a degree \nof medical certainty.  Smith-Blair, Inc. v. Jones, 77 Ark. App. 273, 72 \nS.W.3d 560 (2002).  In this matter there is insufficient evidence to establish \nthat the Claimant’s objective shoulder problems resulted from her work with \nthe Respondent.  Additionally, based upon the credible evidence it does \nnot appear that the Claimant’s job duties met the requirements of being \nsufficiently rapid and repetitive. \n Therefore, Claimant has not met her burden of proof to establish \ncompensability and I must concur with the majority.  \n    ___________________________________ \n    M. SCOTT WILLHITE, Commissioner","preview":"NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H402896 CONNIE ROBERTS, EMPLOYEE CLAIMANT UNIVERSITY OF ARKANSAS FAYETTEVILLE, EMPLOYER RESPONDENT PUBLIC EMPLOYEE CLAIMS DIVISION, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED JUNE 5, 2025 Upon review before the FULL COMMIS...","fetched_at":"2026-05-19T22:29:44.203Z","links":{"html":"/opinions/full_commission-H402896-2025-06-05","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/Roberts_Connie_H402896_20250605.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/full-commission-opinions/"}}