CLAIM NO. E319590
CECIL LEON JOSLIN, EMPLOYEE, CLAIMANT v. H.B. ZACHARY COMPANY, EMPLOYER, RESPONDENT and CIGNA INSURANCE CO., INSURANCE CARRIER, RESPONDENT Before the Arkansas Workers’ Compensation Commission
OPINION FILED APRIL 8, 1997
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE WILLIAM KIRBY MOUSER, Attorney at Law, Pine Bluff, Arkansas.
Respondents represented by the HONORABLE BETTY J. DEMORY, Attorney at Law, Little Rock, Arkansas.
Decision of Administrative Law Judge: Reversed.
[1] OPINION AND ORDER
[2] The respondents appeal an opinion and order filed by the administrative law judge on May 24, 1996. In that opinion and order, the administrative law judge found that an independent medical evaluation should be performed by Dr. Steven Cathy. After conducting a de novo review of the entire record, we find that the preponderance of the evidence establishes that the claimant’s compensable injury was temporary in nature and resolved prior to the hearing on this claim. Therefore, we find that an independent medical examination is not reasonably necessary. Consequently, we find that the administrative law judge’s decision must be reversed.
[3] The claimant sustained an admittedly compensable low back injury on November 24, 1993, after being employed by the respondent for 15 days. After clinical and diagnostic testing were not indicative of any neurological abnormality, Dr. P.B. Simpson, a neurosurgeon, released the claimant to return to work at regular duties on February 7, 1994. The claimant returned to work for another employer as a pipe fitter approximately one and one-half years later. The claimant testified that he remained on that job for approximately 3 days until he experienced renewed back pain after sneezing. The claimant filed the present claim for additional medical benefits on October 30, 1995. On November 17, 1995, the claimant became employed to monitor a panel board in a poultry processing facility. [4] The claimant testified that he has experienced persistent low back complaints which he associates with his November 24, 1993, compensable injury. Corroborating witnesses testified that the claimant has had persistent complaints at various times since November of 1993. In addition, the claimant was seen using a walking stick for a period, and the claimant has taken a large number of Tylenols at the home of a neighbor. [5] In assessing the weight to be accorded the testimony regarding the claimant’s allegedly persistent complaints, we note that the claimant has received medical treatment for different ailments since February of 1994. However, during the two year period between February of 1994 and February of 1996 (when the hearing was held), the claimant did not receive any medical attention for low back complaints or provide a history of any low back problems to any physician. In reaching our decision, we also note that Dr. Simpson caused x-rays, a MRI, a myelogram, and a post-myelogram CT scan to be performed on the claimant’s back shortly after the claimant’s November, 1993, injury. Moreover, Dr. Scott Winston initially diagnosed the claimant with a low back strain with degenerative joint disease. Likewise, Dr. Simpson’s diagnostic testing was not indicative of any intervertebral disc involvement, and Dr. Simpson had nothing left to offer the claimant when he released the claimant in February of 1994. [6] Therefore, after conducting a
de novo review of the entire record, and for the reasons discussed herein, we find that the greater weight of the evidence establishes that the claimant sustained a relatively minor strain type injury which completely resolved prior to the hearing on this claim. Accordingly, we find that the claimant failed to prove that an independent medical examination is reasonably necessary. Therefore, we find that the decision of the administrative law judge must be, and hereby is, reversed. [7] IT IS SO ORDERED.
ELDON F. COFFMAN, Chairman MIKE WILSON, Commissioner
[8] Commissioner Humphrey dissents.