Shiloh Nursing & Rehab, LLC v. Lawson
2014 Ark. App. 433
Ark. Ct. App.2014Background
- Lawson, a nurse for Shiloh Nursing & Rehab, sustained a February 2012 work-related back injury that was deemed compensable.
- Initial treatment by Dr. Haws included heat, ultrasound, and an injection with work restrictions; no improvement, leading to referral to Dr. Moffitt.
- Dr. Moffitt recommended therapy and allowed work with restrictions; Lawson returned but could not complete full shifts and was ultimately terminated after six partial days.
- An MRI revealed a midline tear at the L5-S1 level; Dr. Moffitt prescribed three steroid injections and opined Lawson reached maximum medical improvement in July 2012.
- Lawson obtained a second opinion from neurosurgeon Dr. Blankenship (November 2012), who diagnosed an annular tear and urged aggressive physical therapy and possibly another MRI.
- The ALJ awarded Lawson additional medical treatment per Blankenship’s recommendations and temporary-total disability (TTD) from November 12, 2012; the Commission affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supports medical-treatment award. | Lawson: Blankenship’s recommendations credibly show need for aggressive PT and possible MRI. | Shiloh: Moffitt’s MMI finding and treatment history negate further medical benefit. | Yes; substantial evidence supports additional medical treatment. |
| Whether substantial evidence supports TTD from November 2012 onward. | Lawson remained healing and partially unable to earn wages per Blankenship. | Shiloh: Moffitt’s MMI in July 2012 ends healing period; no ongoing TTD. | Yes; substantial evidence supports continued TTD based on Blankenship’s assessment. |
Key Cases Cited
- Wal-Mart Stores, Inc. v. Brown, 82 Ark. App. 600 (2003) (substantial-evidence standard for review in workers’ compensation appeals)
- Pulaski Cnty. Special Sch. Dist. v. Tenner, 2013 Ark. App. 569 (2013) (limits on review; whether findings are supported by substantial evidence)
- Bio-Tech Pharmacal, Inc. v. Blouin, 379 S.W.3d 594 (2010 Ark. App. 714) (consideration of ALJ and Commission findings together)
- Adams v. Bemis Co., 2010 Ark. App. 859 (2010) (credibility and weight of medical opinions; factual determinations by the Commission)
- Riggs v. B & S Contractors, Inc., 377 S.W.3d 466 (2010 Ark. App. 554) (healing period; when temporary-total disability ends)
- Carroll Gen. Hosp. v. Green, 923 S.W.2d 878 (1996) (healing period defined; dismissal when condition stabilizes)