ARAMARK AND SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., APPELLANTS
JACKIE STONE, APPELLEE
FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION. NO.
Murphy & Hopkins, L.L.P., by: Randy P. Murphy and Seth A.
White, for appellants.
& Brooks, P.A., by: Evelyn E. Brooks, for appellee.
D. VAUGHT, Judge. ABRAMSON and GRUBER, JJ., agree.
D. VAUGHT, Judge
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.
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.
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.
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. 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.
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.
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
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.