Bruce Smith, an orthopedic surgeon, on October 25, 2004. Arthur recommended a lumbar epidural steroid injection and a rehabilitative exercise program prior to appellant returning to work.Īppellant was next seen by Dr. Arthur noted that appellant had “diminished range of motion in the lumbar spine with paraspinous muscle spasm” and was suffering from a “fairly significant lumbar strain injury.” Dr.
On October 13, 2004, appellant was seen by Dr. Atta also ordered that appellant be kept off work due to the narcotic medications he was taking. James Arthur for a neurosurgical evaluation “to determine further management of his current condition.” Dr. Atta assessed appellant's condition as low back pain with L5-S1 herniated nucleus pulposus and referred appellant to Dr. Michael Atta, appellees' company physician, whose examination revealed tenderness along the left paralumbar musculature with mild muscle spasms noted. On October 1, 2004, appellant was examined by Dr. Appellant had no history of prior back problems or back injuries. An MRI performed on August 20, 2004, revealed diffuse degenerative changes throughout appellant's lumbar spine and a foraminal disc herniation at L5-S1. Appellant was examined by his family physician, Dr. We agree that there is a lack of substantial evidence to support the Commission's decision therefore, we reverse and remand.Īppellant sustained an admittedly compensable back injury on August 16, 2004, while attempting to load a boat onto a trailer. On appeal, appellant contends that the Commission's opinion is not supported by substantial evidence that the Commission mischaracterized critical evidence and that the Commission unlawfully required appellant to prove the continuation of his healing period with objective evidence. Ryburn, Little Rock, AR, for appellees.Īppellant appeals the Commission's order that reversed the order of the administrative law judge (ALJ) and found that appellant had failed to prove that he is entitled to additional temporary total disability benefits.
Lane, Muse, Arman & Pullen, by: Shannon Muse Carroll, Hot Springs, AR, for appellant. XPRESS BOATS & BACKTRACK TRAILERS and Wausau Underwriters, Appellees.
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