NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H206243 MICKEY T. McNAIR, EMPLOYEE CLAIMANT CENTURY LEASING, UNINSURED EMPLOYER RESPONDENT NO. 1 KIMBALL & THOMPSON PRODUCE, INC., EMPLOYER RESPONDENT NO. 2 AMTRUST NORTH AMERICA, INSURANCE CARRIER/TPA RESPONDENT NO. 2 CLAIM NO. H208493 MICKEY T. McNAIR, EMPLOYEE CLAIMANT KIMBALL & THOMPSON PRODUCE, INC., EMPLOYER RESPONDENT AMTRUST NORTH AMERICA, INSURANCE CARRIER/TPA RESPONDENT CLAIM NOS. H208492 & H206220 MICKEY T. McNAIR, EMPLOYEE CLAIMANT KIMBALL & THOMPSON PRODUCE, INC., EMPLOYER RESPONDENT SUMMIT CONSULTING, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED JANUARY 16, 2025 Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas. Claimant represented by the HONORABLE DAVID L. SCHNEIDER, Attorney at Law, Fayetteville, Arkansas.
McNAIR - H206243/H208493/H208492/H206220 2 Respondents No. 1 represented by the HONORABLE WILLIAM C. FRYE, Attorney at Law, North Little Rock, Arkansas. Respondents No. 2 represented by the HONORABLE GUY A. WADE, 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 24, 2024. In said order, the Administrative Law Judge made the following findings of fact and conclusions of law: 1. The stipulations agreed to by the parties at a pre-hearing conference conducted on April 3, 2024 and contained in a pre-hearing order filed that same date are hereby accepted as fact. 2. Claimant has failed to prove by a preponderance of the evidence that he suffered a compensable injury to his right shoulder or right hand on October 8, 2020. 3. Claimant has failed to prove by a preponderance of the evidence that he suffered a compensable injury to his right shoulder on January 8, 2021. 4. Claimant has failed to prove by a preponderance of the evidence that he suffered a compensable injury to his right shoulder on February 5, 2022. 5. Claimant has failed to prove by a preponderance of the evidence that he suffered a compensable injury to his right shoulder on August 23, 2022.
McNAIR - H206243/H208493/H208492/H206220 3 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 24, 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. 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/McNair_Mickey_H206243_H208493_H208492_H206220_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.