Lovejoy v. Ken's Signs
2017 Ark. App. 124
| Ark. Ct. App. | 2017Background
- Lovejoy sustained a compensable shoulder injury at work on October 23, 2013, underwent surgery, completed PT, and Dr. Heim found him at maximum medical improvement with full range of motion and no inflammation or pain.
- Employer Ken’s Signs provided light duty and time off; Lovejoy voluntarily left for a higher‑paying job at Vision Cabling Service and worked about eight months doing manual labor before being fired for unrelated reasons.
- In April 2014 Lovejoy reported renewed shoulder pain; he changed physicians to Dr. Christopher Arnold, who ordered an MRI scheduled for February 23, 2015.
- On February 14, 2015 Lovejoy fell down his home stairs and sought ER care (he did not report the fall to ER or to Dr. Arnold); the MRI after the fall showed possible residual SLAP pathology and Dr. Arnold recommended surgery.
- The ALJ denied Lovejoy’s requests for additional medical treatment (surgery), temporary total disability (TTD), permanent partial disability (PPD), rehabilitation benefits, and attorney’s fees; the Workers’ Compensation Commission affirmed and Lovejoy appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to additional medical treatment (surgery) | Lovejoy: surgical treatment is reasonably necessary for ongoing shoulder problems from the compensable injury | Employer: subsequent recovery and intervening non‑work fall caused current condition; no causal link to work injury | Denied — Commission credited Dr. Heim, found intervening fall and incomplete reporting undermined causation and weight of claimant’s complaints |
| Temporary total‑disability benefits | Lovejoy: entitled due to increased pain and inability to work after surgery | Employer: Dr. Heim found MMI with full ROM and no pain; claimant worked after surgery, so no TTD causally related to work injury | Denied — substantial evidence supports MMI finding and lack of causation |
| Permanent partial‑disability benefits | Lovejoy: residual impairment after surgery warrants PPD | Employer: no permanent impairment per Dr. Heim; claimant worked at higher wages post‑surgery | Denied — claimant showed ability to earn and Dr. Heim’s opinion credited |
| Rehabilitation benefits | Lovejoy: requested vocational rehab under § 11‑9‑505(b)(1) | Employer: rehab requires proof of permanent impairment, which is lacking | Denied — prerequisite permanent impairment not proven |
| Attorney’s fees | Lovejoy: sought fees under § 11‑9‑715 for contested benefits | Employer: fees available only if claimant wins controverted indemnity benefits or succeeds on appeal | Denied — no award because claimant did not obtain benefits and appeal unsuccessful |
Key Cases Cited
- Mullin v. Duckwall Alco, 484 S.W.3d 283 (Ark. Ct. App. 2016) (appellate review of Commission requires viewing evidence in light most favorable to Commission and affirming if supported by substantial evidence)
- Long v. Wal‑Mart Stores, Inc., 250 S.W.3d 263 (Ark. Ct. App. 2007) (Commission need not believe all testimony and may accept only credible portions)
- Cossey v. Gary A. Thomas Racing Stable, 344 S.W.3d 684 (Ark. Ct. App. 2009) (Commission may accept or reject medical opinions; its resolution of medical evidence is like a jury verdict)