Ritter Communications v. Roger Rhea
Annotate this Case
Download PDF
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
SARAH J. HEFFLEY, JUDGE
DIVISION I
CA 07563
December 19, 2007
RITTER COMMUNICATIONS
APPELLANT
APPEAL FROM THE ARKANSAS
W O R K E R S ’ C O M P E N S A T I O N
COMMISSION [NO. F601584]
V.
ROGER RHEA
AFFIRMED
APPELLEE
The appellant, Ritter Communications, appeals a finding of the Workers’ Compensation
Commission that a second surgery is reasonable and necessary for the treatment of appellee’s
compensable injury. Appellant argues that substantial evidence does not support the Commission’s
decision. We affirm.
Appellee, Roger Rhea, is employed by appellant as a telecommunications technician. On
January 20, 2006, appellee was installing wire from inside a cage that was perched atop a forklift,
six feet off the ground, when the cage fell off the forklift. Appellee, who is righthand dominant,
1
sustained lacerations to the first, second, and third fingers of his left hand. He was taken to the
emergency room and received stitches in all three fingers.
1
Appellee also injured his right shoulder, but this litigation does not involve that injury.
Most prominent was the laceration to appellee’s left middle finger. Within days of the
accident, he was seen by his family physician, who referred him to Dr. Henry Stroope, an orthopedic
surgeon. Dr. Stroope reported in regards to the left middle finger an obvious transection of the
flexor digitorum profundus tendon in Zone 2 with intact flexor digitorum superficialis function. He
referred appellee to Dr. Michael Moore, a hand specialist, for consideration of the repair of the flexor
digitorum profundus tendon.
On February 1, 2006, Dr. Moore performed surgery to repair the left long finger FDP tendon.
Dr. Moore wrote the following in his operative report.
Mr. Rhea is a pleasant gentleman who sustained a laceration over the
volar aspect of the left long finger approximately 1 ½ weeks ago.
Since this incident, he has not been able to flex the DIP joint. The
sensation in his finger is intact. There is a transverse wound just
proximal to the PIP joint flexion crease. The wound is clean and
without evidence of infection. Mr. Rhea is admitted for repair of the
left long finger FDP tendon. The indications, risk and potential
complications of surgical treatment were discussed. The
complications include but are not limited to neurovascular injury,
infection, finger stiffness and reflex sympathetic dystrophy. In
addition, Mr. Rhea understands that there is a chance that he may
require a flexor tenolysis following healing of the flexor tendon.
Appellee was seen by Dr. Moore for followup care on February 6, 2006. Dr. Moore sent appellee
to occupational therapy for PROM exercises as per the Duran protocol, which appellee attended
three times a week from February 13 to February 24, and from April 5 to April 26.
Appellee was seen by Dr. Moore on February 16 and again on March 30. In a letter to
appellant’s plan administrator on March 30, Dr. Moore noted that it had been two months since
appellee’s surgery and that although his pain had subsided he still had residual stiffness in his fingers
and limited active motion of the left long finger DIP joint. In another letter dated April 26, Dr.
Moore wrote that appellee had regained full passive motion of the left long finger but that he
2
CA 07563
continued to have limited active motion in that finger. He discussed treatment options with
appellee, which included accepting the final result of stiffness and limited active motion, or
proceeding with a left long finger flexor tenolysis. Dr. Moore reported that appellee had chosen to
undergo surgery which was planned for June.
At the request of appellant’s plan administrator, appellee was seen by Dr. David M. Rhodes
on June 5. Dr. Rhodes noted that appellee had an active range of motion of the left long finger of
0 to 82 degrees at the PIP joint with a passive range of motion there of 0 to 98 degrees. At the DIP
joint, appellee had no active range of motion with a passive range of motion of 0 to 60 degrees. In
terms of a plan, Dr. Rhodes stated in his report:
I told the patient that there is a possibility of adhesion formation
versus a possible failure of repair of the FDP tendon. I would
recommend that the patient continue with therapy to possibly
increase his range of motion. If after a few more months of therapy,
he still lacks range of motion then he may opt for a tenolysis at that
time.
Appellee returned to Dr. Moore for a check up on July 20, 2006. During this visit, Dr.
Moore noted that appellee had completed his therapy program and that he continued to have limited
active motion of the left long finger. Dr. Moore further noted that appellee desired to regain more
motion in the left long finger and wanted to proceed with a flexor tenolysis. In a September 8 letter
to the plan administrator, Dr. Moore wrote:
Following surgery, he developed residual stiffness at the DIP joint,
which is not uncommon following flexor tendon surgery. Mr. Rhea
has completed therapy treatments.
The treatment options at this point are to accept the final result or
proceed with a left long finger flexor digitorum profundus tenolysis,
which may improve the active motion of the finger. The surgery is
elective in the sense that Mr. Rhea has the option of accepting the
final result or proceeding with treatment that may improve the
3
CA 07563
motion of the finger. He felt that the limited motion of the finger did
significantly affect the function of his left hand. Therefore, he
elected to proceed with the flexor tenloysis, which is a reasonable
treatment option. In addition, the tenolysis is necessary in order to
improve the motion of the left long finger. Mr. Rhea understands the
risks of surgery, which include flexor tendon rupture, neurovascular
injury, infection, and residual finger stiffness. Furthermore, he
understands that the surgery may not significantly improve the
motion in the long finger. Following a discussion of the treatment
options and risk of surgery, Mr. Rhea felt the benefit of potentially
improving the left long finger motion was worth the risk of surgery.
These statements are made within a reasonable degree of medical
certainty.
Dr. William C. Collins, who had thirtyfive years of experience in hand surgery, reviewed
appellee’s medical records. In a onepage report written in October 2006, he expressed the
following opinions:
It is my considered opinion that any tendon repair may be offered a
tenolysis to improve function, but in a patient with an intact and well
functioning sublimis tendon the patient should be sure that he is
willing to run the risk of actual decrease in the flexor function of this
digit from additional surgery.
If the patient were a guitar picker, violinist, or had other specific DIP
joint needs, he might think it worth the risk, otherwise he might best
be served by accepting this minimal limitation and substituting for
this problem with other adaptive means.
The hearing before the administrative law judge was held on November 3, 2006. Appellee
had returned to work, but he testified that the joint was stiff and that he was not able to touch his
palm with his left middle finger. In describing his work, he stated:
Every part of my job requires I use my hands. Manipulating small
telephone wires into tight spaces, connect blocks, very small,
delicate instruments and screws, connections in tight, very tight
spaces, sometimes where you can’t get in with your right hand, you
have to use your left hand. You have to guarantee use of both left
and right hands. I am right handed. I use both hands as a
communications specialist. There is delicate work that is required
4
CA 07563
in my job using my left hand. ... The dexterity involved with placing
wires into connections and putting them into a form and connect box
requires the use of all your fingers.
Appellee further testified that the lack of range of motion in his left long finger slowed him down
in his work. He also said it was his understanding from the outset that two surgical procedures
would be performed. Appellee understood that the tenolysis might not succeed and that the
procedure may result in decreased range of motion, but he believed that the benefit of improving the
range of motion in his finger would give him the ability to do his job better. Appellee also testified
that therapy had helped, and he continued to do exercises at home. He was not aware that Dr.
Rhodes had recommended more therapy before proceeding with surgery.
The administrative law judge found that the tenolysis procedure was reasonable and
necessary for the treatment of appellee’s injury, and the Commission affirmed and adopted that
decision. Appellant contends that the Commission’s decision is not supported by substantial
evidence. Appellant argues that the surgery only has a chance of improving appellee’s condition
and that it might make his condition worse. Appellant also maintains that the better course of
treatment was additional occupational therapy.
Under Arkansas law, the employer must “promptly provide for an injured employee such
medical, surgical ... services and medicine as may be reasonably necessary in connection with the
injury received by the employee.” Ark. Code Ann. § 119508(a) (Supp. 2007). The employee has
the burden of proving by a preponderance of the evidence that medical treatment is reasonable and
necessary. WalMart Stores, Inc. v. Brown, 82 Ark. App. 600, 120 S.W.3d 153 (2000). What
constitutes reasonably necessary treatment under the statute is a question of fact for the Commission
to decide. Hamilton v. Gregory Trucking, 90 Ark. App. 248, 205 S.W.3d 181 (2005).
5
CA 07563
In reviewing decisions from the Commission, we view the evidence in the light most
favorable to the Commission’s findings, and we affirm if the decision is supported by substantial
evidence. Smith v. City of Fort Smith, 84 Ark. App. 430, 143 S.W.3d 593 (2004). If reasonable
minds could reach the conclusion of the Commission, its decision must be affirmed. KII
Construction Co. v. Crabtree, 78 Ark. App. 222, 79 S.W.3d 414 (2002). The Commission has the
authority to accept or reject medical opinions, and its resolution of the medical evidence has the
force and effect of a jury verdict. Poulan Weed Eater v. Marshall, 79 Ark. App. 129, 84 S.W.3d 878
(2002).
In this case, appellee’s injury and first surgical procedure left him with a marked decrease
in the range of motion in his left middle finger that impaired his ability to perform his job. The
Commission accepted the opinion of Dr. Moore that the tenolysis procedure was both reasonable
and necessary, giving his opinion more weight than those offered by Drs. Rhodes and Collins, upon
which appellant’s argument relies. The Commission resolved the conflict in the medical evidence
in appellee’s favor, and thus we are not able to say that the Commission’s decision is not supported
by substantial evidence. Accordingly, we affirm.
Affirmed.
GLOVER and BAKER, JJ., agree.
6
CA 07563
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.