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Wal-Mart Stores3/8/2000
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Wal-Mart Stores, Inc., appeals an order of the Arkansas Workers' Compensation Commission that affirmed an administrative law judge's award of approximately three-weeks' worth of temporary-total disability benefits, totaling $459, for an admittedly-compensable knee injury. On appeal, Wal-Mart argues that the Commission's decision to award TTD and maximum statutory attorney fees is not supported by substantial evidence. We disagree and affirm.
At a hearing before an ALJ, it was stipulated that on May 27, 1997, Wallace suffered a knee injury and that he was earning wages that would entitle him to $153 per week in compensation for total disability. The only issues that were litigated were Wallace's entitlement to temporary-total disability payments and appropriate attorney fees.
Wallace testified that he was injured when he was stepping on a board to load boxes into a bin, and the board broke causing his right knee to go through and strike another board. He claimed that he went to a doctor on May 28, 1997, and was advised to return in four weeks. According to Wallace, he presented a letter from his doctor to a Wal- Mart employee named Lois who told him that she would see him in four weeks when he returned from the doctor. Wallace stated that he had no contact with anyone else from Wal-Mart for the ensuing four weeks, and after he returned to the doctor, he was sent home for two more weeks. When he returned to work, he performed light duty for two or three weeks stocking shelves and then resumed his normal activities. Wallace claimed that it was not his decision to be away from work and that during the six weeks that he was off work he experienced pain and swelling of his right knee. He also stated that he never spoke to store co-manager Bill Hetler about anything except receiving workers' compensation benefits for his accident.
Bill Hetler testified that after Wallace was released to light duty, he offered Wallace a job separating merchandise, which was within the restrictions outlined by Wallace's treating physician. According to Hetler, Wallace could have performed this job sitting in a wheelchair. He stated that Wallace tried to perform this job for about half of the shift, two days after the accident, but left because he claimed that his knee started swelling and hurting. Hetler stated that Wallace did not return again until after he was released to full duty. Hetler also said that if an employee failed to come to work for three days, it was grounds for termination. He admitted, however, that Wallace was not disciplined in any way for leaving early and not regularly reporting his continuing inability to return to work.
Included in the medical exhibits was a May 28, 1997, letter from Wallace's treating physician, Dr. John L. Lytle. It outlined a treatment plan that specified restricted activity, application of ice packs and compressive wrap, and the wearing of a "knee immobilizer." The plan projected a return to work on May 29, 1997, with no climbing, crawling, prolonged walking, or lifting greater than 50 pounds. The letter anticipated that Wallace would be released to full duty in two weeks.
A subsequent report from Dr. Lytle, dated June 11, 1997, stated that Wallace was to continue to work on range-of-motion and strengthening exercises and that he would be released to full duty on June 16, 1997, without restrictions. The report also recited that Wallace had stated that when he was previously released to restricted duty, there was no job available and that he was told to return home until he was ready for full duty. Yet another report, dated June 17, 1997, stated that Wallace was una
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