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Redd v. Blytheville School District # 5

Court of Appeals of Arkansas, Division I

October 29, 2014

DeLOVE REDD, APPELLANT
v.
BLYTHEVILLE SCHOOL DISTRICT #5, APPELLEE

APPEAL FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION. NO. G107361.

Bill E. Bracey, Jr., for appellant.

Worley, Wood & Parrish, P.A., by: Melissa Wood, for appellee.

ROBERT J. GLADWIN, Chief Judge. PITTMAN and WYNNE, JJ., agree.

OPINION

Page 644

ROBERT J. GLADWIN, Chief Judge

This is an appeal from the Arkansas Workers' Compensation Commission's February 13, 2014 opinion denying appellant DeLove Redd additional temporary-total-disability (TTD) benefits and permanent-disability benefits in excess of the seven-percent whole-body impairment already being paid to him. Redd appeals

Page 645

the Commission's finding regarding his entitlement to permanent-disability benefits in excess of seven percent. We affirm.

Statement of Facts

Redd is sixty-two years old and has an eleventh-grade education. He began working for appellee Blytheville School District in 1982 as a custodian. During his almost thirty years of employment with the school district, Redd sustained several injuries, including a right-shoulder injury, a left-knee injury, and a back injury, all of which were accepted by the school district. Redd's most recent injury was sustained on August 16, 2011, as the result of a specific incident while helping a co-worker, Broderick Harris, lift a fifty-five-gallon drum into a large dumpster.

Redd was initially examined by Dr. James Russell, but he was subsequently referred to Dr. John Campbell, a neurosurgeon in Jonesboro, Arkansas. Following an MRI, Redd was diagnosed as having sustained a small central L4-L5 disc herniation, which was treated conservatively, without surgery.

Redd was released to return to work on February 22, 2012, with a twenty-pound lifting restriction, no bending and twisting at the same time, and no prolonged standing or sitting for more than two hours. On January 11, 2013, Dr. Campbell opined that Redd's only permanent restriction was not to lift over twenty pounds.

The school district made work available to Redd within the restrictions imposed by the doctors. He testified that when he returned to work, he missed many days because his back would begin bothering him. Redd retired at age sixty-two and began drawing both social-security retirement and retirement from the school district. He said that he takes Aleve " every now and then" for his back pain. Redd testified that the school district provided him with restricted-duty work at the same salary until he elected to take retirement in July 2012. Redd told the Commission, " If I worked for three ...


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