April Bennett vs. Fayetteville Public Schools

NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H300809 APRIL BENNETT, EMPLOYEE CLAIMANT FAYETTEVILLE PUBLIC SCHOOLS, EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARDS ASSOCIATION, CARRIER/TPA RESPONDENT OPINION FILED MARCH APRIL 2, 2025 Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas. Claimant represented by the HONORABLE EVELYN BROOKS, Attorney at Fayetteville, Arkansas. Respondents represented by the HONORABLE JAMES A. ARNOLD II, Attorney at Law, Fort Smith, Arkansas. Decision of Administrative Law Judge: Affirmed and Adopted. OPINION AND ORDER Claimant appeals an opinion and order of the Administrative Law Judge filed August 12, 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 the pre- hearing conference conducted on March 4, 2024, and contained in an Amended Pre-hearing Order filed March 12, 2024, are hereby accepted as fact. 2. The claimant has failed to prove by a preponderance of the evidence that she sustained a compensable occupational illness to her body as a whole due to

Bennett-H300809 2 exposure to mold in the workplace on or about February 28, 2021. 3. The claimant has failed to prove by a preponderance of the evidence that she is entitled to medical treatment for her alleged occupational illness due to exposure to mold in the workplace. We have carefully conducted a de novo review of the entire record herein and it is our opinion that the Administrative Law Judge's 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 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 August 12, 2024 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