FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION [NO.
F. Campbell, P.A., by: Sheila F. Campbell, for appellant.
H. Montgomery, for appellee.
Kabias Bankston sustained an admittedly compensable injury to
his neck and lower back while working for appellee University
of Arkansas at Little Rock (UALR) on December 14, 2012. UALR
paid workers' compensation benefits for the related
medical treatment provided, including temporary
total-disability benefits, to Mr. Bankston until August 20,
2014. Mr. Bankston then alleged that he was entitled to
additional medical treatment and additional temporary
total-disability benefits from August 20, 2014, through a
date yet to be determined. Mr. Bankston also alleged he was
entitled to attorney's fees. UALR controverted Mr.
Bankston's entitlement to these additional benefits and
hearing was held on September 10, 2015, before an
Administrative Law Judge (ALJ) who issued an opinion on
December 8, 2015. The ALJ found that Mr. Bankston had not met
his burden of proving his entitlement to surgery or
additional temporary total- disability benefits, and Mr.
Bankston appealed to the full Workers' Compensation
Commission (the Commission). On June 21, 2016, the Commission
issued a 2-1 majority opinion affirming and adopting the
ALJ's decision as its own.
Bankston now appeals, arguing that the Commission's
decision denying lumbar spine surgery and temporary
total-disability benefits beyond August 20, 2014, is in
error. We find no error and affirm.
Bankston testified that he was 39 years old at the time of
the injury, and he described his duties at UALR as
"beautifying the campus, janitorial work, pulling trash,
recycling, waxing and buffing floors, and any type of work
that was needed for the campus." On December 14, 2012,
Mr. Bankston was carrying a wet-vac weighing about 75 pounds
up some stairs. He testified that, while he was in the
process of putting it down, his back "popped, "
causing him to feel a burning sensation in his back that
radiated into his thighs, making it difficult for him to
Bankston sought treatment for his injury. At deposition, Dr.
Qureshi, who treated Mr. Bankston, testified that his review
of Mr. Bankston's January 2013 MRI in March 2013 showed
(1)A moderate-to-large paracentral disc extrusion at the
L1-L2 level, 
(2)Chronic bilateral L5 Pars interarticularis fractures with
no associated spondylolisthesis, "
(3)Chronic disc degeneration at the L5-S1 level, and
(4)Epidural lipomatosis in the lower lumbar spine with
effacement of the thecal sac at the L4-5 and ...