Amaya v. Newberry's 3N Mill

I agree with the majority that the claimant is entitled to receive temporary partial disability benefits through March 21, 2006. However, I would also reverse for an award of medical benefits, specifically, the surgery recommended by Dr. Kelly Danks. In denying Amaya’s entitlement to the surgery, the Arkansas Workers’ Compensation Commission (Commission) engaged in speculation, misapplied the results of Amaya’s functional capacity evaluation (FCE), and relied on medical evidence that is plainly contrary to the record.

Amaya suffered a compensable back injury on June 2, 2004. The first MRI…