Arkansas Supreme Court Rules for Appellant in Elapsed Time Workers’ Comp Case

The Supreme Court of Arkansas has reversed and remanded a decision in an appeal of the Arkansas Workers’ Compensation Commission’s denial of a claim for additional medical benefits of an appellant over a time-limit in state code.

The appellant, Terry Wynne, had argued that because he requested the additional benefits within one year of the last payment of compensation, his claim was timely pursuant to Arkansas Code.

Wynne fell from a ladder while working as a trailer technician and certified welder for Liberty Trailer in 2015. He sustained a compensable right-shoulder injury, and as a result of the fall, he underwent two shoulder surgeries. It was later determined after a functional evaluation that he recached maximum medical improvement and he was released to light duty. However, he continued to receive disability benefits.

Wynne in 2019 filed for additional temporary total disability, additional temporary partial disability, additional permanent partial disability, additional medical expenses, rehabilitation, and attorney’s fees.

An administrative laws judge dined Wynne’s claim for additional medical treatment, finding that the claim was barred by the statute of limitations. The commission affirmed and adopted the ALJ’s opinion.

Wynne appealed, and a court of appeals reversed the denial of additional medical benefits, holding that Wynne’s claim for additional medical treatment was filed within one year of the date of the last payment of compensation, so it was not barred by the statute of limitations.

Liberty Trailer filed a petition for review, which was granted by the Supreme Court of Arkansas.

The Supreme Court of Arkansas found that based on Wynne’s last receipt of payment for disability benefits was issued in 2019, and so he filed his claims within the one-year timeframe called for in the code.

“We hold that under a plain reading of section 11-9-702(b)(1), Wynne’s claim for additional medical benefits was timely,” the court said in its ruling. “Accordingly, we reverse the Commission’s decision and remand for further proceedings.”

The case is Wynne v. Liberty Trailer, 2021 Ark. App. 374.

Topics Legislation Workers' Compensation Arkansas