CLAIM NO. E910776
Before the Arkansas Workers’ Compensation Commission
ORDER FILED APRIL 4, 2002
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE CHRISTIE GUNTER ADAMS, Attorney at Law, Texarkana, Texas.
Respondents represented by the HONORABLE RANDY MURPHY, Attorney at Law, Little Rock, Arkansas.
ORDER
This case comes on for review before the Commission on claimant’s motion for costs and attorney’s fees.
Concerning claimant’s motion for costs, we point out that in its mandate, dated January 17, 2002, the Arkansas Court of Appeals awarded claimant $409 for costs on appeal. We are unaware of any authority allowing the Commission to award costs incurred in pursuing a claim for benefits before the Commission. Accordingly, we find that claimant’s motion for costs must be denied.
Claimant’s motion also seeks an attorney’s fee based on the benefits controverted and awarded by the Administrative Law Judge, as well as a fee for prevailing on appeal before the Full Commission. Subsequent to the remand by the Arkansas Court of Appeals, the Full Commission, on February 8, 2002, awarded claimant’s attorney an additional attorney’s fee in the amount of $250 for prevailing on appeal. Further, the Commission directed respondent to comply with the award set forth in the opinion of the Administrative Law Judge. The Administrative Law Judge awarded maximum statutory attorney’s fees based on the benefits controverted and awarded, together with interest thereon at the legal rate. Thus, claimant’s motions for attorney’s fees for prevailing on appeal and for controversion have been rendered moot by the Commission’s February 8, 2002 order.
For the foregoing reasons, we find that claimant’s motion for costs should be, and hereby is, denied. Further, we find that claimant’s motion for attorney’s fees has been rendered moot by the Commission’s order dated February 8, 2002.
IT IS SO ORDERED.
______________________________ ELDON F. COFFMAN, Chairman
______________________________ SHELBY W. TURNER, Commissioner
______________________________ JOE E. YATES, Commissioner