CONTACT INFORMATION
The Law Office of Steven McNeely
dba Attorney at Law
Centennial Road, Jacksonville AR 72076
PHONE 501-983-9055
​Text: 501-580-2486
FAX: 501-983-9022
EMAIL smcneely@arkansasworkinjury.com

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TOP TEN Reasons a for profit insurance company will deny your claim!

10. The doctor they selected said there is nothing wrong with you?
9. The doctor they selected said, your problem is pre-existing.
8. A drug test showed trace amounts of THC, and they claim you were intoxicated
7. The doctor they selected returns you to work to early.
6. The only dispute is over medical treatment and they know you can not get an attorney
5. The employer says, you reported the injury to late.
4. The employer says, light duty is available.
3. The doctor they selected, will not note an objective medical finding.
2. The employer denies they knew any thing about you getting injured.
1. The Number one reason, they deny your claim- BECAUSE THEY CAN.

There are more benefits under the Arkansas Work Comp Act then they will voluntarily tell You!


Attorneys' do not get paid unless we obtain benefits for you. Legal fees for workers' compensation cases are controlled by Arkansas Code Annotated 11-9-715. For injuries on or after July 1, 2001, the law basically provides for fees based on benefits awarded, twenty-five percent (25%). One half of these fees will come out of benefits awarded to the injured worker and one half will be paid by the insurance company. There are no fees allowed on medical treatment

             I do not charge to discuss to answer a questions
about the Laws, Benefits, Procedures or your case.
                SO FEEL FREE TO CALL (501) 983-9055

TWO TYPES OF BENEFITS

MEDICAL TREATMENT-
Arkansas Code Annotated section 11-9-508 states that employers must provide all medical treatment that is reasonably necessary for the treatment of a compensable injury. What constitutes reasonable and necessary treatment under this statute is a question of fact for the Commission. Gansky v. Hi-Tech Eng'g, 325 Ark. 163, 924 S.W.2d 790 (1996); Geo Specialty Chem., Inc. v. Clingan, 69 Ark. App. 369, 13 S.W.3d 218 (2000).

11-9-508. Medical services and supplies -- Liability of employer -- Definition
…
(c)  In order to help control the cost of medical benefits, the commission, on or before July 1, 1994, following a public hearing and with the assistance and cooperation of the State Insurance Department, is authorized and directed to establish appropriate rules and regulations to establish and implement a system of managed health care for the State of Arkansas.

(d)(5)(A)  Give the employer the right to choose the initial treating physician, with the injured employee having the right to petition the commission for a one-time only change of physician to one who is associated with a managed care entity certified by the commission or is the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury, but only if the primary care physician agrees to refer the employee to a certified managed care entity for any specialized treatment, including physical therapy, and only if such primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by the managed care entity initially chosen by the employer.

BASICALLY WHAT ALL THIS MEANS IS THE EMPLOYER SELECTS THE FIRST DOCTOR, AND IT WILL BE AN INSURANCE FRIENDLY DOCTOR

However, the employer/carrier will also pay mileage and there will be no co-pays or deductibles.

Two major types of injures:

1. Specific Incident injures
2. Gradual onset injures
Most common type of Injury

Specific Incident injures

"accidental" injury caused by a specific incident

Need for medical treatment
arising out of and in the course of employment
Supported by "objective" medical findings
Gradual onset injuries

I Back injuries

II Neck injures

III CTS
IV Hearing loss
V Rapid & Repetitive injuries
Special injuries

Mental Injuries- ACA 11-9-113
Heart and Lung injury- ACA 11-9-114
Hernia- ACA 11-9-523
Occupational Disease- ACA 11-9-601 et
Death Cases ACA 11-9-527

LIMITED CASH OR INDEMINTY BENEFITS

TEMPORARY TOTAL DISBALITY (TTD)
TEMPORARY PARTIAL DISABLITY (TPD)
PERMENENT PARTIAL DISABLITY (PPD)
PERMENENT TOTAL DISABLITY (TPD)

•ALL CLAIMANT’S BENEFITS ARE BASED ON THEIR AVERAGE WEEKLY WAGE
•A.C.A. 11-9-518 (a) clearly states, “Compensation shall be computed on the average weekly wage earned by the employee under the contract of hire in force at the time of the accident...”
•Cracker Barrel v. Lassiter, 190 S.W.2nd 911 (2004).  (PAY RAISE BEFORE INJURY INCLUDED)
•VS
•Lankford v. Crossland Construction 2011 Ark  App 416 (PAY RAISE BEFORE INJURY NOT INCLUDED)
•EXAMPLES No. 1
–Claimant makes $10.00 hour on a 40 hour week.  AWW is $400.000
–Claimant’s TTD would be 2/3 of $400.00 or $267.00 (400 x .677=$266.80)
–Claimant limited to 20 hour a week after injury
–Claimant’s TPD would be 2/3 of $200.00 or $133.4  ($400-$200=$200 x .667)
•EXAMPLES No. 2 (Claimant injured in 2016)
–Claimant makes $60,000 a year.  AWW is $1,153.84
–Claimant’s TTD would be 2/3 of $1,153.84
   or $646.00 ($1,153.84 x .677=$679.61)-MAX
–Claimant limited to 20 hour a week after injury
–Claimant’s TPD would be 2/3 of $576.92 or $385  ($1,153.84-$576.92=$ 576.92 x .667)
EXAMPLES No. 3 Permanent Partial disability is paid at 75% of the total disability rate, or 1/2 half the average weekly wage, with special rules of the total rate is less then $204.00.

•THINGS THE WORKER CAN REVIEW ON AVERAGE WEEKLY WAGE ISSUES
•PAY STUBS
•W-9
•FORM W
•WAGE RECORDS
•PERDIEM
The law says they can use the last 52 weeks to come up with an average.

PERMENANT IMPAIRMENT RATING

The healing period is defined as that period for healing the injury, which continues until claimant is as far restored as the permanent nature of the injury will allow. Nix v. Wilson World Hotel, 46 Ark. App. 303, 879 S.W.2d 457 (1994). In the event that the underlying condition has stabilized and there is no additional treatment that will improve claimant’s condition, the healing period has ended or the claimant is at MAXIMUM MEDICAL IMPROVEMENT.


•ACA 11-9-519-”THE COMMISSION…. SHALL ADOPT AN IMPAIRMENT  RATING GUIDE…”
•
•AWCC RULE 34  AWCC ADOPTED AMA GUIDES TO THE EVALUATION OF PERMANENT IMPAIRMENT, 4TH ED

Basically the doctor will assign a rating, if applicable, normally if no surgery then no rating.  As an example is the doctor assigns a 10% rating to the hand, then the 10% is multiplied by the book value of 183 weeks, which entitles the worker to 18.3 weeks of benefits (183 x.10= 18.3) The worker will then receive PPD for 18.3 weeks.

The value of different body parts
Scheduled Injures ACA 11-9-521

Scheduled Injures ACA 11-9-521
UPPER ARM 244
LOWER ARM 183
UPPER LEG 184
LOWER LEG 131
HAND 183
THUMB 79
1ST FINGER 43
2ND FINGER 37
3RD FINGER 24
4TH FINGER 19
FOOT 131
GREAT TOE 32
OTHER TOES 11
1 EYE 105
1 EAR/HEARING 42
BOTH EARS 158


Unscheduled Injures ACA 11-9-522
 WEEKS 450

Injures not scheduled (mentioned in 11-9-521)

Back, neck (spine)
Hips
Shoulders
Sometimes-Burns, head, ect.????