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Pulaski County Special School Dist. v. Stalnaker10/12/2005
NOT DESIGNATED FOR PUBLICATION
The Arkansas Workers' Compensation Commission (Commission), affirming and adopting the decision of the Administrative Law Judge (ALJ), found that appellee Becky Stalnaker was entitled to additional temporary partial disability benefits and all reasonably related medical, hospital, nursing, and other apparatus expenses as a result of her admittedly compensable injury suffered in February 2001. The Pulaski County Special School District, which employed appellee as a bus driver and secretary at the time of her injury, and Risk Management Resources contend on appeal that appellee had received all benefits to which she was entitled and that the Commission committed reversible error in finding that she was entitled to further benefits and medical treatment at their expense. We disagree and affirm.
On January 11, 2001, appellee was examined by her family physician, Dr. Chuck Cardona, regarding complaints of upper extremity pain and numbness. He referred her to neurologist Dr. Charles Schultz, who diagnosed appellee's hand complaints as bilateral carpal tunnel syndrome. Appellee subsequently filed a claim for bilateral carpal tunnel syndrome. The injury was accepted by the appellants as compensable, and appellee was paid weekly compensation benefit rates of $253 and $190 for temporary total and permanent disability benefits. Appellee was examined on July 31, 2001, by Dr. Earl Peeples, who performed surgery on her right wrist on August 10, 2001, and her left wrist on September 26, 2001. Her right wrist responded more favorably to the procedure than did her left. She continued to receive follow-up care from Dr. Peeples, and as of January 17, 2002, he commented that appellee's right wrist was well but that she had some weakness and irritation in her left wrist. As of April 2, 2002, Dr. Peeples reported that appellee still complained of left-upper extremity pain of unclear etiology. He ordered an MRI, bone scan, and MMPI, all of which came back negative. Dr. Peeples subsequently released appellee to light duty as of April 18, 2002.
Appellee then requested, and was granted, a change of physician to Dr. Michael Moore, an upper extremity specialist, who evaluated her on a single occasion on May 22, 2002. Dr. Moore referred appellee to Dr. Reginald Rutherford for an EMG/NCV. Dr. Rutherford stated in his report dated May 21, 2002, that appellee had a normal clinical examination and nonspecific change in sensory examination that was not significant.
Appellee continued treatment with Dr. Rutherford and underwent a triphasic bone scan on August 30, 2002. The scan showed mild arthritis in both hands and no reflex sympathetic dystrophy (RSD). Appellee saw Dr. Rutherford again in the following months, and in his report dated November 14, 2002, he reported normal strength and reflexes in both of appellee's upper extremities. Dr. Rutherford utilized various medications in his course of treatment and subsequently had additional diagnostic tests run on appellant, which were reported normal. Despite continued complaints of left-wrist pain from appellee, Dr. Rutherford reported that, as of his April 2, 2003 examination of appellee, the bone scan was unchanged, the EMG was normal, and appellee had reached full recovery from the carpal tunnel surgery. He found her to be at maximum medical improvement and released her with no impairment. Dr. Rutherford advised that she could resume usual activities without restrictions, including employment activities such as driving a bus. As a result of the release, appellants ceased payment on appellee's temporary partial disability benefits.
Appellee continued to complain of problems with her left wrist, and appellan
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