HANEY v. SMITH, DOYLE WINTERS, 1994 AWCC 157

CLAIM NO. D913123

HERBERT E. HANEY, EMPLOYEE, CLAIMANT, v. SMITH, DOYLE WINTERS, EMPLOYER, RESPONDENT, and CONTINENTAL INSURANCE COMPANY, CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED NOVEMBER 1, 1994

Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.

Claimant represented by FLOYD M. THOMAS, JR., Attorney at Law, El Dorado, Arkansas.

Respondent represented by JERRY M. KIRKSEY, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This matter comes on for review by the Full Commission from the remand of the Court of Appeals dated June 29, 1994. The Court of Appeals found that there was not substantial evidence to support the Full Commission’s determination that chiropractic treatments subsequent to July 28, 1989 were unreasonable and unnecessary.

[3] After reviewing the evidence and pursuant to the remand order, we find that the chiropractic treatments rendered subsequent to Dr. Hartmann’s letter of March 21, 1991 are not reasonable and necessary. However, we modify our prior decision finding that the chiropractic treatments rendered between July 28, 1989 and March 21, 1991 were reasonable and necessary. [4] Dr. Hartmann indicated that chiropractic treatment was analogous to physical therapy and he would not continue physical therapy for five years. However, chiropractic treatment is not physical therapy. Dr. Hartmann’s statement does not prove that the chiropractic treatments were not reasonable and necessary. [5] A review of the evidence indicates that claimant made his prima facia case that chiropractic treatment is reasonable and necessary by testifying that the treatments were of benefit. Ark. State Police v. Welch, 28 Ark. App. 234, 772 S.W.2d 620 (1989). There does not appear to be enough proof to rebut claimant’s contention. Therefore, as directed by the Court of Appeals, we find that claimant has proven by a preponderance of the credible evidence that chiropractic treatments rendered from July 28, 1989 through March 21, 1991 were reasonable and necessary treatment for his compensable injury. As previously held, the chiropractic manipulations subsequent to March 21, 1991 were not proven by a preponderance of the credible evidence to be reasonable and necessary. [6] IT IS SO ORDERED.

JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner

[7] Commissioner Humphrey concurs.