Michael Jenkins vs. Fence World, Inc

NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H207527 MICHAEL K. JENKINS, EMPLOYEE CLAIMANT FENCE WORLD, INC., EMPLOYER RESPONDENT BRIDGEFIELD CASUALTY INSURANCE COMPANY, INSURANCE CARRIER/TPA RESPONDENT OPINION FILED JANUARY 11, 2024 Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas. Claimant represented by the HONORABLE B. TANNER THOMAS, Attorney at Law, Little Rock, Arkansas. Respondents represented by the HONORABLE JASON M. RYBURN, 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 11, 2023. 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. That an employer/employee relationship existed on May 11, 2022, the date of the claimed injuries. At the time of the claimed injury, the claimant earned an average weekly wage of $676.00, sufficient for TTD/PPD rates of $451.00 / $338.00 respectively.

JENKINS - H207527 2 3. The respondents are estopped from denying the responsibility of the visit to the UAMS ER on May 11, 2022, notwithstanding the fact that the injury was not found to be compensable, and that the respondents are consequently responsible for said visit. However, the respondents are not found to be responsible for the return visit to the UAMS ER on May 14, 2022. 4. That the claimant has failed to satisfy the required burden of proof that his claim of an injury which constituted a strain to his right lower leg and any remaining claim of an injury to the right lower leg and knee is compensable. 5. That the claimant has failed to satisfy the required burden of proof to show that the remaining claims for injuries to various body parts are compensable. 6. That the question for the medical treatment for the claimed injuries are found to be moot, with the exception of the initial visit to the UAMS ER on May 11, 2022. 7. That the claimant has failed to satisfy the required burden of proof to show he is entitled to TTD. 8. The question of attorney fees allowed pursuant to Arkansas Code Annotated §11-9-715, is found to be moot. 9. If not already paid, the respondents are ordered to pay for the cost of the transcript forthwith. 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 11, 2023 decision is supported by a preponderance of the credible evidence,

JENKINS - H207527 3 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