2015 Ark. App. 102
Ark. Ct. App.2015Background
- In 1996 Bradley White fell 35 feet at a Nabholz Construction site and sustained compensable low-back and ankle injuries; Nabholz paid medical, indemnity, and permanent anatomical-impairment benefits.
- In 1998 White filed an AR-C form with every box checked (including "additional benefits" and "additional medical expenses") within two years of the injury.
- Nabholz filed an AR-4 closing report in October 2000 and made no payments after June 2002; White was involved in a significant car wreck in September 2004.
- The Commission in 2007 awarded a one-time change of physician to White but did not resolve his request for additional medical benefits; Nabholz did not appeal that 2007 decision.
- A hearing on White’s additional-medical-benefits claim and Nabholz’s statute-of-limitations defense was first held in October 2013; the Commission in 2014 held the 1998 AR-C tolled the limitations period and awarded additional medical benefits for pain-management treatment recommended by treating physicians.
Issues
| Issue | White's Argument | Nabholz's Argument | Held |
|---|---|---|---|
| Whether White’s 1998 AR-C tolled or preserved his claim for additional medical benefits under Ark. Code Ann. § 11-9-702(b) | The timely-filed 1998 AR-C (checked for additional benefits) preserved the claim until adjudication because it was filed within two years of the injury | The case was effectively closed by Nabholz’s 2000 AR-4 and by lack of payments after 2002; statute barred the claim after gaps and passage of years | Commission and appellate court: the 1998 AR-C was a timely request for additional benefits and tolled the limitations period until the claim was acted upon; claim not time-barred |
| Whether Nabholz must pay additional medical treatment and whether the 2004 car wreck was an independent intervening cause | White: additional follow-up and pain-management care recommended by treating physicians were reasonably necessary for his compensable injuries; the car wreck did not break causation | Nabholz: medical gaps and the 2004 automobile accident were independent intervening causes relieving it of further liability | Commission and appellate court: substantial evidence supported that additional medical treatment (including pain management) was reasonably necessary and the 2004 accident was not an independent intervening cause |
Key Cases Cited
- Plante v. Tyson Foods, Inc., 319 Ark. 126, 890 S.W.2d 253 (Ark. 1994) (medical services constitute payment of compensation and toll the one-year limitations period from last furnishing of medical services)
- VanWagner v. Wal-Mart Stores, Inc., 368 Ark. 606, 249 S.W.3d 123 (Ark. 2007) (additional-benefits claim not time-barred where hearing never held, claim placed inactive, and no final order entered)
- Jones Truck Lines v. Pendergrass, 90 Ark. App. 402, 206 S.W.3d 272 (Ark. Ct. App. 2005) (timely filed additional-benefits claim can preserve an otherwise old injury claim)
- Bledsoe v. Georgia-Pac. Corp., 12 Ark. App. 293, 675 S.W.2d 849 (Ark. Ct. App. 1984) (critical inquiry for limitations is when a claim is adjudicated)
- Eskola v. Little Rock Sch. Dist., 93 Ark. App. 250, 218 S.W.3d 372 (Ark. Ct. App. 2005) (an AR-C that functions as an initial benefits request may not preserve an additional-benefits claim)
- Davis v. Old Dominion Freight Line, Inc., 341 Ark. 751, 20 S.W.3d 326 (Ark. 2000) (discussion of independent intervening cause standard and codification of prior caselaw)
- Guidry v. J. & R. Eads Constr. Co., 11 Ark. App. 219, 669 S.W.2d 483 (Ark. Ct. App. 1984) (no independent intervening cause where subsequent disability has causal connection to primary compensable injury unless triggered by unreasonable activity)
- Petit Jean Air Serv. v. Wilson, 251 Ark. 871, 475 S.W.2d 531 (Ark. 1972) (noting filing a claim with the Commission is not identical to lodging a formal court complaint)