Maurice Adams vs. Performance Food Group, Inc

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. H301244 MAURICE ADAMS, EMPLOYEE CLAIMANT PERFORMANCE FOOD GROUP, INC., EMPLOYER RESPONDENT INDEMNITY INSURANCE CO. OF N. AMERICA/ CORVEL ENTERPRISE CO., INC., TPA RESPONDENT OPINION FILED FEBRUARY 6, 2026 Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas. Claimant represented by the HONORABLE ANDY L. CALDWELL, Attorney at Law, Little Rock, Arkansas. Respondents represented by the HONORABLE RICK BEHRING, JR., Attorney at Law, Little Rock, Arkansas. Decision of Administrative Law Judge: Affirmed. OPINION AND ORDER The claimant appeals an administrative law judge’s opinion filed October 14, 2025. The administrative law judge found that the respondents proved the claimant should submit to an Independent Medical Evaluation. After reviewing the entire record de novo, the Full Commission affirms the administrative law judge’s opinion. The Full Commission directs the claimant to present for an Independent Medical Examination to be performed by Dr. Wayne Bruffett in accordance with Ark. Code Ann. §11-9- 511(Repl. 2012). I. HISTORY

ADAMS - H301244 2 The record indicates that Maurice B. Adams, now age 63, treated at Concentra on April 26, 2022. It was noted that the “injury date” was March 14, 2022, and it was noted, “Positive MRI for severe stenosis at C6 with central and lateral nerve root compression.” Dr. Scott Carle assigned work restrictions, and he planned a referral to Dr. Brad A. Thomas. The record indicates that the claimant underwent an Anterior Cervical Diskectomy and Fusion at C6-7 in July 2022. A Senior Claims Specialist signed a Form AR-2, EMPLOYER’S INTENT TO ACCEPT OR CONTROVERT CLAIM, on February 23, 2023. The Senior Claims Specialist reported on the Form AR-2 that the Date of injury was March 14, 2022, and that the Body Part Injured was “L elbow, R knee, Neck” Dr. Thomas’ impression on October 25, 2023 was “Neck Pain” and “Cervicalgia.” An associated diagnosis was “Herniated Disc.” It was noted at Little Rock Neurosurgery Clinic on December 12, 2024, “We do think he is at MMI (maximum medical improvement).” Dr. Thomas reported on December 13, 2024: Mr. Adams is a patient of mine and I saw him on 12/12/2024. I am going to place him at MMI on that date and give him an impairment rating based on the spinal cord injury that he has had after his surgery. This will be based on two different impairments and then using a combination table. The first impairment is an impairment of 30% of the whole person based on station and gait impairment criteria. This states the

ADAMS - H301244 3 patient can rise to a standing position and can maintain it with difficulty but cannot walk without assistance. The second impairment criteria (sic) is for two impaired upper extremities, which will give 19%. This is, the patient can use both upper extremities for self-care, grasping and holding but has difficulty with digital dexterity. When you go to the combination chart, this gives him a total of 43% impairment rating. If you have any questions, please do not hesitate to contact me anytime. Dr. Thomas stated on December 17, 2024, “Mr. Adams can not return to work. I believe he is permanently disabled.” The record contains a CLAIMANT’S RESPONSE TO PRE- HEARING QUESTIONNAIRE served on March 19, 2025. The claimant contended, “In the course and scope of his employment, the Claimant sustained compensable injuries to his neck and back on or about March 14, 2022. The Claimant was placed at MMI on or about September 19, 2024. Respondents only paid TTD through 2/16/2024. Dr. Thomas has assigned the claimant a 43% impairment rating. Respondents have not paid anything towards the rating. Dr. Thomas has opined that the Claimant cannot work and he is permanently disabled. The Claimant contends that he is permanently and totally disabled or, in the alternative, is entitled to wage loss. The Claimant’s attorney is entitled to attorney’s fees on all controverted indemnity benefits. All other issues are reserved.” On April 15, 2025, the respondents served a “RESPONDENTS’ MOTION FOR INDEPENDENT MEDICAL EXAMINATION AND

ADAMS - H301244 4 INCORPORATED BRIEF IN SUPPORT.” The respondents stated, among other things, that the claimant “sustained compensable injuries to the neck, right upper extremity, and right lower extremity as a result of a specific incident on May 14, 2022....The Respondents have controverted the impairment rating of 43% to the body as a whole....The Respondents have requested an independent medical examination (“IME”) to be performed by Dr. Wayne Bruffett[.]...The Respondents request the IME to address the Claimant’s current permanent anatomical impairment, work restrictions (if any), and future medical care.” The claimant objected to the respondents’ motion. A hearing was held on August 19, 2025. At that time, the respondents’ attorney stated that the respondents had accepted compensability for an injury to the claimant’s neck, right arm, and right leg. Counsel stated that the respondents had paid “some impairment” following Dr. Thomas’ assessment of a 43% rating. An administrative law judge filed an opinion on October 14, 2025. The administrative law judge found that the claimant should submit to an independent medical evaluation by Dr. Wayne Bruffett in accordance with under Ark. Code Ann. §11-9-511 (Repl. 2012). The claimant appeals to the Full Commission. II. ADJUDICATION

ADAMS - H301244 5 Ark. Code Ann. §11-9-511 (Repl. 2012) provides, in pertinent part: (a) An injured employee claiming to be entitled to compensation shall submit to such physical examination and treatment by another qualified physician, designated or approved by the Workers’ Compensation Commission, as the commission may require from time to time if reasonable and necessary. (b) The places of examination and treatment shall be reasonably convenient for the employee. An administrative law judge found in the present matter, “2. Respondents have proven by the preponderance of the evidence that Claimant should submit to an independent medical evaluation by Dr. Wayne Bruffett under Ark. Code Ann. §11-9-511 (Repl. 2012) because such is reasonable and necessary. Claimant will work with the Respondents to expedite this evaluation.” The Full Commission finds that an examination with Dr. Bruffett is reasonably necessary. The limited record before the Commission shows that the claimant sustained a work-related accident on or about March 14, 2022. There are to date no formal stipulations with regard to compensability. Neither the administrative law judge nor the parties submitted into the record a pre- hearing order showing the parties’ contentions. The attorneys did state at the hearing that the claimant sustained a compensable injury on March 14, 2022.

ADAMS - H301244 6 In any event, the claimant underwent surgery, and Dr. Thomas eventually assigned the claimant a 43% permanent anatomical impairment rating. The respondents did not accept a 43% anatomical impairment rating but did begin paying “some impairment.” The claimant subsequently contended that he was entitled to the full 43% rating along with permanent total disability benefits. The respondents now request that the claimant submit to an Independent Medical Examination with Dr. Bruffett. We find that the respondents’ request is reasonable in accordance with Ark. Code Ann. §11- 9-511(a)(Repl. 2012). We direct the claimant to participate in an Independent Medical Examination to be performed by Dr. Wayne Bruffett. The place of examination shall be reasonably convenient for the claimant pursuant to Ark. Code Ann. §11-9-511(b)(Repl. 2012). The Full Commission finds that the Independent Medical Examination is not contrary to the Court of Appeals’ holding in Burkett v. Exxon Tiger Mart, 2009 Ark. App. 93, 304 S.W.3d 2, because the parties have not yet “litigated their case.” The Full Commission therefore directs the claimant to present for an Independent Medical Examination to be performed by Dr. Wayne Bruffett in accordance with Ark. Code Ann. §11-9-511(Repl. 2012).

ADAMS - H301244 7 IT IS SO ORDERED. ___________________________________ SCOTTY DALE DOUTHIT, Chairman ___________________________________ MICHAEL R. MAYTON, Commissioner Commission Willhite dissents.