Walker v. Fresenius Medical Care Holding, Inc.
2014 Ark. App. 322
Ark. Ct. App.2014Background
- Walker sustained a compensable right-elbow injury in 2006 for FMC and received a 37% impairment to the right upper extremity.
- Walker later claimed reflex sympathetic dystrophy (RSD) in the right hand/wrist as a compensable consequence and sought medical treatment, impairment rating, and permanent-total-disability benefits.
- ALJ denied the claim; the Arkansas Workers’ Compensation Commission reversed in part, finding RSD compensable and awarding medical treatment but denying impairment rating and permanent-total-disability benefits.
- Doctors diagnosed Walker with RSD (Andersson, Rutherford, Collins, Walker, Stone, Roman); Ackerman opined no RSD; Collins later recommended treatment and rehabilitation referrals.
- FMC presented surveillance evidence and FCE results suggesting limited impairment and questioned credibility, while the Commission weighed medical evidence in Walker’s favor on RSD and its compensable nature.
- The court remanded on the impairment-rating issue as premature, affirmed the medical-treatment award, and affirmed the denial of permanent-total-disability benefits, with cross-appeal affirming those conclusions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is RSD a compensable consequence of Walker’s injuries? | Walker (plaintiff) contends RSD is a compensable consequence. | FMC argues RSD lacks sufficient causal link. | Yes; substantial evidence supports compensable RSD. |
| Is additional medical treatment for RSD reasonable and necessary? | Walker shows treatment is reasonably necessary for RSD. | FMC disputes necessity. | Yes; substantial evidence supports medical treatment award. |
| Is Walker entitled to an impairment rating for RSD? | Collins’s RSD rating should control; impairment should be assessed. | Andersson’s 0% hand rating relied on; other ratings contested. | Premature to determine permanent impairment; remand for proceedings consistent with ruling. |
| Is Walker permanently and totally disabled? | Walker cannot perform any meaningful work due to RSD. | Evidence shows capability for sedentary work. | Denial of permanent-total-disability benefits supported by substantial evidence. |
Key Cases Cited
- Templeton v. Dollar Gen. Store, 2014 Ark. App. 248 (Ark. App. 2014) (credibility and weighing of conflicting medical evidence by the Commission)
- Main v. Metals, 2010 Ark. App. 585 (Ark. App. 2010) (definition and measurement of permanent impairment; reliance on objective findings)
- Jeter v. B.R. McGinty Mech., 62 Ark. App. 53 (Ark. App. 1998) (causal connection between compensable injury and subsequent condition)
- Air Compressor Equip. v. Sword, 11 S.W.3d 1 (2000) (natural consequences of a compensable injury are compensable)
- Weaver v. Ark. Dep’t of Corr., 2013 Ark. App. 158 (Ark. App. 2013) (the Commission may weigh medical evidence and credibility)
- Emerson Elec. v. Gaston, 58 S.W.3d 848 (2001) (disability determinations consider medical evidence and wage factors)