Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Aramark & Sedgwick Claims Management Services, Inc. v. Stone

Court of Appeals of Arkansas, Division IV

March 30, 2016

ARAMARK AND SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., APPELLANTS
v.
JACKIE STONE, APPELLEE

          APPEAL FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION. NO. G301350.

         Anderson, Murphy & Hopkins, L.L.P., by: Randy P. Murphy and Seth A. White, for appellants.

         Tolley & Brooks, P.A., by: Evelyn E. Brooks, for appellee.

         LARRY D. VAUGHT, Judge. ABRAMSON and GRUBER, JJ., agree.

          OPINION

Page 807

          LARRY D. VAUGHT, Judge

         Appellants Aramark and Sedgwick Claims Management Services, Inc. (CMS) appeal the decision of the Arkansas Workers' Compensation Commission (the Commission) affirming and adopting the administrative law judge's (ALJ) award of additional medical benefits to appellee Jackie Stone's for the treatment of his compensable shoulder injury. We affirm.

         Stone began working for Aramark in 2003 as a sales representative. In 2012, while hanging smocks on a rack, he felt pain in his neck, his right arm, and the back of his shoulders. He reported the injury to his employer and was seen by Dr. Dustin Pope, who prescribed pain medication and referred Stone to Dr. Mark Allard, an orthopedist. An MRI revealed degenerative damage but no torn muscles.

         Stone told Dr. Allard that he could not lift his right hand above shoulder level without severe pain and weakness. He stated that, although he had previously experienced muscular pain, he had never had joint pain in his right shoulder of the severity that he was now experiencing after the injury.

         Dr. Allard found that Stone suffered from preexisting osteoarthritis in his right shoulder, which he had exacerbated twice, including the 2012 on-the-job injury at Aramark.[1] Dr. Allard prescribed physical therapy (which Stone said made the pain worse) and an injection (which temporarily reduced the pain). Dr. Allard recommended that if the injections did not successfully resolve his pain, Stone would need distal clavicle resection surgery.

         Stone received a change of physician and was seen by Dr. Chris Arnold in January 2014. Dr. Arnold found that Stone's injury was work related. Dr. Arnold also recommended that Stone undergo a distal clavicle resection. Appellants denied Stone's request for the operation.

         On October 27, 2014, a hearing was held before the ALJ regarding Stone's right to additional medical treatment, specifically the clavicle resection. The ALJ found that Stone had proved by a preponderance of the evidence that he was entitled to the additional treatment. The Commission affirmed and adopted the ALJ's decision, and appellants filed a timely appeal.

          In reviewing decisions from the Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission's findings, and we affirm if the decision is supported by substantial evidence. Parker ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.