BRYANT v. STAFFMARK, INC., 2002 AWCC 47


CLAIM NO. F006077

TWYLA D. BRYANT, EMPLOYEE, CLAIMANT v. STAFFMARK, INC., EMPLOYER, RESPONDENT, INSURISK MANAGEMENT SERVICES, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED FEBRUARY 21, 2002

Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.

Claimant represented by the HONORABLE SHANNON MUSE CARROLL, Attorney at Law, Hot Springs, Arkansas.

Respondents represented by the HONORABLE ROBERT L. HENRY III, Attorney at Law, Little Rock, Arkansas.

ORDER
In the above-styled matter, the Arkansas Court of Appeals has reversed a decision of the Workers’ Compensation Commission and has remanded for consideration consistent with the Court’s opinion. See, Bryant v.Staffmark, Inc., 76 Ark. App. ___, ___ S.W.3d ___ (2001).

The claimant contended that she sustained compensable injuries when she fell at work on May 19, 2000, and a hearing was held before the Commission on September 22, 2000. At the hearing, the Administrative Law Judge sustained the respondents’ objection to testimony from Janet Meeks. The Administrative Law Judge held that Ms. Meeks’ testimony would violate the “seven day rule” as provided in the pre-hearing order filed with the Commission. The Administrative Law Judge filed an opinion on September 29, 2000, and found that the claimant’s injuries were sustained at a time when she was not performing employment services. The Full Commission affirmed the Administrative Law Judge’s opinion with regard to Ms. Meeks’ testimony and the employment services issue, and the claimant appealed to the Court of Appeals.

The Court of Appeals has held that the Administrative Law Judge erred in refusing to allow the testimony of Janet Meeks. In addition, the Court of Appeals has noted that the hearing before the Commission was held before the Court’s decision in Matlock v. Blue Cross Blue Shield, 74 Ark. App. 322, 49 S.W.3d 126 (2001). The Court of Appeals has thus remanded to the Commission for further consideration consistent with the Court’s opinion.

Consequently, the Full Commission vacates the Administrative Law Judge’s opinion filed September 29, 2000. We remand to the Administrative Law Judge for adjudication of this claim pursuant to the guidelines announced by the Court of Appeals in the present matter, as well as the Court’s opinion in Matlock, supra. For prevailing on this appeal before the Full Commission, that is, regarding whether the Commission erred in disallowing the testimony of Janet Meeks, the claimant’s attorney is hereby awarded an additional attorney’s fee in the amount of $250.00, pursuant to Ark. Code Ann. § 11-9-715(b)(1) (Supp. 2001).

IT IS SO ORDERED.

______________________________ ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
______________________________ SHELBY W. TURNER, Commissioner