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Jennings v. United Parcel Service9/21/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Anthony Jennings appeals from an order of the Arkansas Workers' Compensation Commission that denied his claim for additional benefits. On appeal, appellant asserts the following: (1) the Commission's finding that the treatment rendered by Dr. Thomas Ward was unnecessary as it relates to his compensable injury of May 28, 2002, is not supported by substantial evidence; (2) the Commission's finding that he is not entitled to temporary-total-disability benefits is not supported by substantial evidence. We affirm.
Appellant worked as a driver for United Parcel Service (UPS). On May 28, 2002, appellant was pulling a dolly loaded with packages when he felt a pop in his lower back. Appellant reported the incident, and UPS accepted his injury as compensable. On May 31, 2002, appellant was treated at Concentra Medical Center (Concentra), UPS's medical provider, where he was diagnosed with lumbosacral strain. The medical notes from that day indicate that appellant reported that "he feels the pattern of symptoms is improving and feels better." However, on June 5, 2002, appellant reported that his symptoms were worsening.
Dr. Derek Lewis referred appellant to Dr. John L. Wilson for treatment. Appellant was treated by Dr. Wilson on June 12, 2002. Dr. Wilson wrote that appellant evidenced cervical and lumbar strain. Appellant returned to Concentra for treatment on June 18, 20, and July 3. During each visit appellant indicated that he was improving.
An MRI of appellant's lumbar spine was performed on July 11, 2002. The results of the MRI were normal. On July 23, 2002, Dr. Wilson released appellant to light duty. He was released to return to full duty on August 19, 2002.
Following appellant's release to full duty, Dr. Lewis also referred appellant to Dr. Lon Burba. Dr. Burba treated appellant for low back pain on September 24, 2002. Dr. Burba wrote that "[appellant] has splinting and decreased range of motion in the back related to the pain, but neurologically he is intact." However, Dr. Burba recommended an EMG/nerve conduction test to see if the MRI had missed anything.
Appellant subsequently sought treatment from Dr. Thomas Ward. On March 3, 2003, following his examination of appellant, Dr. Ward wrote:
The pain is located in the mid area of the spine just below the lower margin of the scapula. It radiates upward into the neck over the past 8 months but initially was situated at just this location. It neither radiated anteriorly into the groin or lower down into the sacrum and buttocks.
Since his subsequent therapy and medications he has not achieved any relief and in fact has noted the increase in pain now starting to radiate up into his neck and shoulder region. In this classical pattern the injury has recruited additional muscular elements in an effort to stabilize the spine.
Dr. Ward diagnosed appellant as having "combination of rotational twisting injury of the lower thoracic spine with effects of hypertrophy and what sounds like some muscular spasticity of the upper cervical spine and thoracic spine in compensation." He recommended an EMG needle examination of the upper neck muscles. The EMG report indicated that appellant had "symptomatic torsional dystonia."
Thereafter, appellant sought additional benefits for the problems he was experiencing with his neck. UPS controverted the claim, arguing that appellant could not establish that his need for additional treatment was reasonably necessary.
At the hearing before the administrative law judge (ALJ), appellant testified that he initially reported an injury to his back but that he wa
Page 1 2 3 Arkansas Personal Injury Attorneys
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