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Quality Foods v. Mugley5/11/2005
houlder and scapula muscles and limited range of motion in his right shoulder. Dr. Powell diagnosed him with right shoulder strain and impingement with a possible partial rotator cuff tear. Dr. Powell took appellee off work at that time.
On March 13, 2003, appellee underwent a second MRI. As a result, Dr. Powell diagnosed appellee with right shoulder impingement and bursitis. Dr. Powell released appellee to return to left-hand duty only. Appellee returned to Dr. Powell on April 8, 2003. Appellee reported that he had improved significantly but still had mild tenderness. Dr. Powell performed the Neer impingement test, the Hawkins-Kennedy impingement test, and a crossed-arm impingement test with each eliciting no pain. Based upon these tests, Dr. Powell allowed appellee to return to regular duty work.
Appellee returned to Dr. Powell on June 3, 2002. At that time, appellee complained of occasional soreness and reported that some days were better than others. At that visit, Dr. Powell administered the Neer impingement test, and it did elicit pain. However, when Dr. Powell administered the Hawkins-Kennedy test impingement test, it did not elicit pain. In his medical record, Dr. Powell wrote: I believe [appellee] has reached maximum medical improvement with no signs of impairment today. He may require future surgery to his right shoulder with possible arthroscopy and rotator cuff repair. I will see him back in the clinic on a PRN basis.
Dr. Powell also noted that appellee reported that he was no longer taking any anti-inflammatory medication.
On June 20, 2003, appellee suffered an injury to his right shoulder while pulling a dolly of grocery products weighing at least 350 pounds up a series of stairs. At that time, appellee's right arm went numb from his shoulder to his fingers. Appellee testified that, as he pulled the dolly, he heard a "pop" in his right shoulder. He testified about the incident as follows: I was on a delivery route over in Eureka Springs. I was pulling maybe 350 to 400 pounds of grocery products on a two-wheeler up a flight of steps and got pretty close to the top of the steps and gave it one more good hard pull to get it to the top and my right shoulder popped. I felt sort of a burning sensation in it then.
On that same day, appellee presented to Dr. Powell, who performed impingement tests. The tests elicited pain from appellee. Appellee also experienced a significant increase in his symptomology. Dr. Powell scheduled a MRI, prescribed Vioxx, and took appellee off work. On the date of the injury, Royal & Sun Alliance Insurance Company provided workers' compensation insurance to Quality Foods. Initially, Royal & Sun Alliance paid temporary-total disability benefits and medical expenses. Ultimately, however, Royal & Sun Alliance controverted appellee's claim in its entirety.
On July 10, 2003, a third MRI was performed. It showed mild tendinosis and down sloping scromian with narrowing of the subacromial fat, but no impingement. On July 15, 2003, Dr. Powell assessed appellee as having right shoulder strain, impingement, and bursitis. Dr. Powell gave appellee a cortisone injection and recommended occupational therapy. Appellee was allowed to return to left-hand duty only. On October 7, 2003, Dr. Powell released appellee to return to regular duty.
On appeal to this court, appellants claim that substantial evidence does not support the Commission's decision that appellee's right shoulder injury was an aggravation or a new injury rather than a recurrence of his December 26, 2002, injury. Appellants argue that appellee's injury on June 20, 2003, was a "natural and probable result" of his fall in December 26, 2
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