CLAIM NO. E017698
LARRY BOTHWELL, EMPLOYEE, CLAIMANT v. SHILOH STEEL FABRICATORS, EMPLOYER, RESPONDENT, and LIBERTY MUTUAL INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT NO. 1, and SECOND INJURY FUND, RESPONDENT NO. 2
Before the Arkansas Workers’ Compensation Commission
OPINION FILED DECEMBER 13, 1994
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by AMBER TRUMBO, Attorney at Law, Fayetteville, Arkansas and MARK SCHAFER, Attorney at Law, Rogers, Arkansas.
Respondent No. 1 represented by JAMES A. ARNOLD, II, Attorney at Law, Fort Smith, Arkansas.
Respondent No. 2 represented by MARK LONG, Attorney at Law, Little Rock, Arkansas.
Decision of Administrative Law Judge: Affirmed and adopted, as modified.
[1] OPINION AND ORDER
[2] Claimant and respondent no. 2 appeal an opinion of the Administrative Law Judge filed on November 5, 1993.
[3] The Administrative Law Judge found that respondent no. 1 and respondent no. 2 controverted claimant’s entitlement to permanent disability benefits. We have carefully conducted a de novo review of the entire record herein and it is our opinion that the Administrative Law Judge’s decision in this regard is supported by a preponderance of the credible evidence, correctly applies the law, and should be affirmed. Specifically, we find from a preponderance of the evidence that the findings of fact made by the Administrative Law Judge are correct and they are, therefore, adopted by the Full Commission.
[4] However, the Administrative Law Judge also found that claimant was liable for one-half of the controverted attorney’s fee owed by respondent no. 2, Second Injury Fund. We find that the Second Injury Fund is liable for the entire attorneys fee. Ark. Code Ann. §
11-9-715(a)(2)(A) (1987) provides that when the Second Injury Fund has controverted a claim, the attorney’s fees are to be paid from the Fund. Thus, there is authority for requiring claimant to pay one-half of this controverted attorney’s fee. Additionally, in its brief to the Commission, the Second Injury Fund concedes that this is the law and that claimant’s cross appeal is well-taken. Therefore, we modify the opinion of the Administrative Law Judge to find that the Second Injury Fund is liable for the entire controverted attorney’s fee owed by it.
[5] Accordingly, we affirm and adopt, with the above modification, the November 5, 1993 decision of the Administrative Law Judge, including all findings and conclusions therein, as the decision of the Full Commission on appeal. All accrued benefits shall be paid in a lump sum without discount and with interest thereon at the lawful rate from the date of the opinion of the Administrative Law Judge. For prevailing on this appeal before the Commission, claimant’s attorney is hereby awarded an additional attorney’s fee in the amount of $250.00.
[6] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman PAT WEST HUMPHREY, Commissioner
[7] Commissioner Tatum concurs.
