Butler v. Lake Hamilton School District

2013 Ark. App. 703, 430 S.W.3d 831, 2013 WL 6252504, 2013 Ark. App. LEXIS 746
CourtCourt of Appeals of Arkansas
DecidedDecember 4, 2013
DocketCV-13-310
StatusPublished
Cited by8 cases

This text of 2013 Ark. App. 703 (Butler v. Lake Hamilton School District) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butler v. Lake Hamilton School District, 2013 Ark. App. 703, 430 S.W.3d 831, 2013 WL 6252504, 2013 Ark. App. LEXIS 746 (Ark. Ct. App. 2013).

Opinion

BRANDON J. HARRISON, Judge.

|T Rose Butler appeals from the Workers’ Compensation Commission’s decision to deny her certain benefits. She argues that the Commission mistakenly found that she had reached the end of her healing period in July 2009 and was therefore not entitled to receive temporary-total-disability benefits. She also believes the Commission wrongly concluded that she was not entitled to treat with Drs. Bodemann, Burba, Ackerman, and Hefley.

The Lake Hamilton School District, Risk Management Resources, and Arkansas School Boards Association Death & Permanent Total Disability Trust Fund have cross-appealed. The issue on cross-appeal is whether the Commission erred in awarding Butler medical treatment from Drs. Pellegrino and Archer.

|2I. Temporary-Totalr-Disability Benefits

For more than eight years, Rose Butler worked for the Lake Hamilton School District preparing school lunches for children. The parties stipulated that, in November 2007, Butler sustained a compensable injury to her left shoulder, arm, and hand when she tripped while reaching for the microwave in the school kitchen. Butler, who was near seventy years old when injured, received a shoulder surgery in February 2008, wrist surgery in September 2008, and a second shoulder surgery in December 2008. The School District’s insurance carrier authorized these surgeries as treatment for Butler’s compensable work injury. Dr. Michael Young performed the surgeries.

Butler continued to have problems with the left side of her upper body, and the carrier allowed her to see Dr. Annette Meador in March 2009 for more treatment. Dr. Meador recommended a series of stel-late ganglion blocks and a MRI. In early June Meador noted that Butler had “reflex sympathetic dystrophy” in her left upper extremity, but that “overall she is better than prior to her first evaluation [in March].” Dr. Meador soon released Butler from her care, noting “I believe she [Butler] has reached maximum improvement and is no further in need of any stellate ganglion blocks.” She also recommended that Butler receive a functional-capacity evaluation and a permanency rating from Dr. Young.

Butler participated in a functional-capacity evaluation in late June; its results were deemed unreliable for various reasons.

Butler testified at the hearing before the administrative law judge that tremors in her left arm began the day of the functional-capacity evaluation and that she was in | ..¡tremendous pain during the exam. Dr. Young, however, agreed with Dr. Meador that Butler had reached her maximum medical improvement by July 2009. Dr. Young specifically wrote that Butler had “reached her maximum medical improvement. I do not think further surgery is warranted at this point.” He then gave Butler a twelve percent permanent-impairment rating and recommended that she be off permanently from her job. After follow up visits in September 2009 and January 2010, Dr. Young referred Butler to two neurologists to assess the tremors in her left arm.

In July 2009, the carrier stopped paying for additional treatment. Thereafter, on her own initiative, Butler visited several unauthorized doctors about the tremors. One of those doctors, neurologist Dr. Alonzo Burba, ordered a MRI in 2010. The test showed “no dominant enhancing mass lesion or abnormality involving the left axilla or left brachial plexus.” Dr. William Akerman — another unauthorized doctor— wrote in April 2011 that “it is my medical opinion that this patient is not at maximum medical improvement.” He cited Butler’s complex regional pain syndrome, injury to her left shoulder and rotator cuff, trapezi-us muscle spasms, and pain in her right knee as evidence that her healing period had not yet ended.

The administrative law judge found that Butler proved that she was entitled to additional total-temporary-disability benefits until a date yet to be determined. That decision was challenged, and the Commission reversed. It found that Butler had not proven that she was entitled to total-temporary-disability benefits after July 2009. The Commission weighed the medical evidence and found that Butler had reached the end of her healing period no later than 20 July 2009, that the left-arm tremors did not extend her |4healing period, and that she did not re-enter a healing period. The Commission relied on Dr. Young’s and Dr. Meador’s opinions to conclude that Butler’s healing period had ended in July 2009. Butler contests the Commission’s decision.

When an injured employee is totally incapacitated from earning wages and remains within her healing period, she is entitled to temporary total disability. Riggs v. B & S Contractors, Inc., 2010 Ark.App. 554, 377 S.W.3d 466. The healing period continues until the employee is restored as much as the permanent character of her injury will permit. Id. It ends when the underlying condition causing the disability becomes stable and no treatment will improve it. Id. When the healing period has ended is a fact-based question that the Commission must answer. Id. We review the Commission’s decision in the light most favorable to its findings and affirm when the decision is supported by substantial evidence. Parker v. Atl. Research Corp., 87 Ark.App. 145, 151, 189 S.W.3d 449, 452-53 (2004). Substantial evidence is evidence that a reasonable mind might accept as adequate to support a conclusion. Id.

Here, substantial evidence supports the Commission’s decision on temporary-total-disability benefits. Butler received three surgeries and other treatments to repair the workplace injuries. Her surgeon (Young) and another specialist (Mea-dor) specifically stated that Butler had reached maximum medical improvement by July 2009. The Commission placed “significant evidentiary weight” on the 2010 MRI, which showed no gross abnormalities with Butler’s brachial plexus. The Commission was entitled to weigh all the evidence and credit the medical opinions of Drs. Young and Meador over Dr. Akerman’s contrary opinion on the healing-period issue. See SSI, Inc. v. Cates, 2009 Ark. App. 763, 350 S.W.3d 421. We will not reverse the Commission’s decision regarding which medical evidence it chooses to accept when the medical evidence is conflicting, as it is in this case. Id. The Commission may not arbitrarily disregard medical evidence or the testimony of any witness, id., but we do not find that the Commission arbitrarily disregarded particular medical evidence.

We therefore affirm the Commission’s decision that Butler did not prove that she was entitled to temporary-total-disability benefits after her healing period ended in July 2009.

II. Unauthorized Physicians

Approximately eight months after the carrier had controverted any additional medical treatment, Butler saw her family physician, Dr. Michael Bodemann, who sent her to Dr. Lon Burba, a neurologist. Dr. Burba ordered tests, evaluated Butler, and eventually sent her to Dr. William Akerman for pain management. Dr. Ak-erman in turn recommended that Butler see Dr. Kevin Collins for a rehabilitation evaluation. Dr. William Hefley, Jr.

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Bluebook (online)
2013 Ark. App. 703, 430 S.W.3d 831, 2013 WL 6252504, 2013 Ark. App. LEXIS 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-lake-hamilton-school-district-arkctapp-2013.