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AWCC# H204393·Full Commission·ALJ decision affirmed

Shirley Sanford vs. Arkansas Bldg. Srvs., LLC

Decision date
Jan 16, 2025
Employer
Arkansas Bldg. Srvs., LLC
Filename
Sanford_Shirley_H204393_20250116.pdf

NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H204393 SHIRLEY A. SANFORD , EMPLOYEE CLAIMANT ARKANSAS BLDG. SRVS., LLC, EMPLOYER RESPONDENT ACCIDENT FUND INSURANCE COMPANY, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED JANUARY16, 2025 Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas. Claimant represented by the HONORABLE GARY DAVIS, Attorney at Law, Little Rock, Arkansas. Respondents represented by the HONORABLE KAREN H. McKINNEY, Attorney at Law, Little Rock, Arkansas. Decision of Administrative Law Judge: Affirmed and Adopted. OPINION AND ORDER Claimant appeals an opinion and order of the Administrative Law Judge filed July 10, 2024. In said order, the Administrative Law Judge made the following findings of fact and conclusions of law: 1. The Arkansas Workers’ Compensation Commission has jurisdiction over this claim. 2. The stipulations set forth above are reasonable and are hereby accepted. 3. The Claimant has not proven by the preponderance of the evidence that her claim was filed within the statute of limitations. Therefore, her claim is barred by the statute of limitations.

SANFORD - H204393 2 4. Moreover, the Claimant has also not proven by the preponderance of the evidence that she sustained a compensable injury arising out of and through the course of employment. 5. Based on my finding that 1.) the statute of limitations has passed before the filing of her claim, and 2.) that her alleged injuries did not arise out of and through the course of employment, the remaining issues of reasonable and necessary medical treatment, temporary total disability benefits, and a controverted attorney’s fee are moot and will not be addressed in this opinion. We have carefully conducted a de novo review of the entire record herein and it is our opinion that the Administrative Law Judge's July 10, 2024 decision is supported by a preponderance of the credible evidence, correctly applies the law, and should be affirmed. Specifically, we find from a preponderance of the evidence that the findings of fact made by the Administrative Law Judge are correct and they are, therefore, adopted by the Full Commission. Therefore we affirm and adopt the decision of the Administrative Law Judge, including all findings and conclusions therein, as the decision of the Full Commission on appeal.

SANFORD - H204393 3 IT IS SO ORDERED. ___________________________________ SCOTTY DALE DOUTHIT, Chairman ___________________________________ M. SCOTT WILLHITE, Commissioner ___________________________________ MICHAEL R. MAYTON, Commissioner

Source: https://www.labor.arkansas.gov/wp-content/uploads/Sanford_Shirley_H204393_20250116.pdf. Published by the Arkansas Department of Labor and Licensing, Workers' Compensation Commission. Republished here as a public reference; consult the original PDF for citation.