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Fort Smith Heating and Air Conditioning Co.8/31/2005
NOT DESIGNATED FOR PUBLICATION
Fort Smith Heating and Air Conditioning Company, Incorporated, appeals from an award ordering workers' compensation benefits to its employee, appellee Reggie Merriman. Appellant argues that no substantial evidence supports that appellee sustained a compensable injury. We disagree and affirm the Commission's order.
Appellee was forty-two years old at the time of the hearing held before the Administrative Law Judge (ALJ). The testimony of appellee, James Seaton, the owner of Fort Smith Heating, and Jerry Stockton, appellee's co-worker, established the following events. Appellee had intermittently worked for appellant, under Seaton's supervision, for seventeen years. He has worked continuously under Seaton since July 1999. Appellee alleged that he injured himself at approximately 10:00 a.m. on April 11, 2003, while hanging return air grills in the ceiling of a commercial duplex. He said that he stepped down from his ladder, turned, twisted his knee, and fell onto the floor, landing on his back. He then called for help and was assisted by Stockton, the only other employee who was working at the site at the time of the injury. Stockton could not remember the exact date on which the incident occurred, but he remembered that it occurred in mid-April, because he remembered the particular duplex at which they were working when appellee injured himself.
According to appellee, his knee began to swell immediately, and he experienced "real hard pains" in his groin and lower back. Stockton helped appellee to the truck. Stockton finished the job at the duplex and they went back to the shop. Appellee testified that he reported the injury to Seaton, who saw his swollen knee and sent him home. Appellee also testified that he attempted to work the next day, but could not, and that he took off the rest of the week. Appellee thought that he was injured on Thursday and returned to work the following Monday; however, April 11, 2003, was a Friday.
Appellee purchased a knee brace, which he wore when he returned to work. He was placed on light-duty, building plenums and handing other equipment to other employees. After approximately one month, he was able to carry items and climb ladders. During this time, he experienced pain in his lower hip and back. He said that as his knee healed and he began working "more," the pain in his lower hip worsened, so much so that he could hardly walk in the mornings and that it would take him an hour or so after he got up to walk around and get the pain out of his back.
Although there were no medical records submitted to that effect, appellee testified that he was seen at the Fort Smith Wellness Center on May 16, 2003, for chiropractic treatment of his back, leg, and hip, which he said did not help. He testified that prior to this injury, he had never injured his back or his leg.
Appellee testified that he currently experiences problems with his back and that it takes him approximately one-and-one-half hours each day to work the soreness out of his hips and joints so that he can walk. When he comes home from work, he attempts to obtain relief through a hot bath. He testified that he cannot do "anything," including playing with his daughter. He further stated that he still experiences problems with his knees and that surgery has been recommended both for his back and his knees.
Appellee has continued working, but maintained that he has missed approximately five to six months from work due to his injury. His pay records reflect that his hours dropped from full time to twenty-one hours per week in June 2003; that he did not work in July, August, and part of September 2003; and that he ret
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