Santillan v. Distribution
2011 Ark. App. 634
| Ark. Ct. App. | 2011Background
- Santillan, employed by Tyson for 15 years as an order selector, was injured July 20, 2007 when a pallet load fell on him.
- He sought ongoing medical treatment related to the compensable back injury, including pain management, which the Commission denied.
- Treating clinicians included Dr. Vandergriff, who prescribed injections, physical therapy, and Celebrex; multiple specialists later evaluated him (Dr. Standefer, Dr. Ennis, and Dr. Blankenship).
- Santillan underwent lumbar spine surgery (L5-S1) and subsequent procedures for infection; by 2010 he had a 12% impairment rating per Dr. Blankenship, and work restrictions were established.
- In 2010, Dr. Blankenship released him to a 40-hour work week with specific lifting and activity restrictions; no further surgical treatment was recommended.
- At a hearing, Santillan testified that pain persisted and that Tyson would not consider light duty after probation, while the judge credited Dr. Blankenship’s assessment and found no need for additional pain management.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Commission properly denied pain management as additional medical treatment | Santillan argues he has ongoing back pain and needed pain management due to failed-back syndrome. | Tyson/Commission contends Dr. Blankenship did not recommend further treatment and Santillan’s evidence is unpersuasive. | Yes; the Commission’s denial was affirmed. |
Key Cases Cited
- Patchell v. Wal-Mart Stores, Inc., 86 Ark.App. 230, 184 S.W.3d 31 (2004) (burden to prove entitlement to medical treatment; treatment must be reasonably necessary)
- Hamilton v. Gregory Trucking, 90 Ark.App. 248, 205 S.W.3d 181 (2005) (fact-finding by Commission; medical-evidence evaluation)
- Silvicraft, Inc. v. Lambert, 10 Ark. App. 28, 661 S.W.2d 403 (1983) (standard of review for Commission decisions)