 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Woods v. Dub Clenney Construction Co.9/3/2003
NOT DESIGNATED FOR PUBLICATION
Appellant, Randy Woods, appeals from a decision of the Workers' Compensation Commission (Commission) denying his claim for workers' compensation benefits. On appeal, appellant asserts that he has shown by a preponderance of the evidence that he sustained a compensable injury on January 14, 2000. We disagree with appellant's assertion and affirm.
Appellant worked as a welder for the appellee, Dub Clenney Construction Company (Dub Clenney). Appellant testified that on January 14, 2000 , he was standing in the basket of a crane while welding an overhead beam, when a co-worker hit the wrong lever on the crane and "jammed" appellant's right shoulder into the beam. Following the incident, appellant experienced a burning sensation in his back and leg. Because the incident occurred near the end of the work day, appellant returned to his hotel room without reporting the incident to his supervisor. Appellant testified that he spent the next three days in his hotel room. Appellant said that he called his supervisor the day following the incident and informed his supervisor that he was unable to work because he was in pain. The following Monday, appellant returned to work; however, he left prior to clocking in when he received a message that his mother had suffered a heart attack.
Appellant first received treatment for his injury on January 23, 2000, when he went to the emergency room at Saline Memorial Hospital, where he received a shot in his hip and some pills. He later saw his family physician, Dr. Turbeville. Appellant was treated by Dr. John Pace, a neurosurgeon on December 7, 2000, and was diagnosed with nerve root compression. A lumbar laminectomy and discectomy at L-5 and S-1 was performed on June 20, 2001. Dub Clenney controverted appellant's claim for workers' compensation benefits.
At the hearing before the ALJ, appellant testified that his supervisor was Scott Hartsfield and at the time of his injury, Mr. Hartsfield was not on the work site. He could not recall if he told Mr. Hartsfield about being "jammed" into the beam when he spoke to Mr. Hartsfield the day following the incident. Appellant testified that he reported the injury to "Dana" at Dub Clenney. During his testimony, appellant stated that prior to the work-related incident, he had never had any problems with his neck or hips.
William Scott Hartsfield testified that he worked as a supervisor for Dub Clenney. He stated that when he is not on the job site the two lead men are in charge. Mr. Hartsfield said that appellant never reported an injury to him and that no one on the job site had any knowledge of appellant's injury. Mr. Hartsfield testified that "based on my observation the day he said his mother was hurt he left walking normal."
Deana Cole testified that she handles Dub Clenney's insurance matters and workers' compensation claims. She stated that appellant last worked on January 14, 2000. Ms. Cole said that she was first notified of appellant's injury on February 3, 2000, when she received a call from appellant's mother. She further stated that appellant never personally reported the injury to her. Ms. Cole testified that she notified the insurance company of appellant's injury on February 23, 2000.
Dr. John Pace, appellant's neurosurgeon, testified that he first saw appellant on December 7, 2000. He stated that appellant informed him that he was injured when "he was jammed into a beam in the ceiling of the building he was working in, struck his right shoulder, and later complained of low back pain radiating to his right lower extremity." Dr. Pace also stated that appellant informed him that the injury occurred three days af
Page 1 2 3 Arkansas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|