CLAIM NO. E616344
Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 31, 2000.
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE EDDIE H. WALKER, JR., Attorney at Law, Fort Smith, Arkansas.
Respondent represented by the HONORABLE TERENCE C. JENSEN, Attorney at Law, Benton, Arkansas.
Decision of the Administrative Law Judge: Remanded.
ORDER
The claimant appeals an opinion and order filed by the administrative law judge on February 22, 2000. The administrative law judge found in part that the respondents are entitled to a credit for overpayment of benefits subsequent to July 23, 1997.
On appeal, the claimant’s attorney asserts in part that the credit issue is controlled by Ark. Code Ann. § 11-9- 807(b), and the claimant’s attorney argues that the administrative law judge lacked authority to award a credit in the present case. Clearly, the respondents’ entitlement to a credit for overpayment was an issue raised by the respondents in this case before the administrative law judge. However, we fail to see any indication that the claimant’s attorney raised his statutory interpretation argument before the administrative law judge, and consequently the administrative law judge has not addressed this argument. All legal and factual issues should be developed before the administrative law judge. See, Ester v. National Home Centers,Inc., 61 Ark. App. 91, 967 S.W.2d 565(1998). We remand this case to the administrative law judge for further proceedings, if necessary, and for further findings regarding the claimant’s contention that the administrative law judge lacked authority to award a credit under the circumstances presented in this case. We point out for the benefit of the parties and the administrative law judge on remand the following decisions which would appear to have some bearing on the legal issue involved: Tomasa Rogers v.Ayers Chairmakers, Full Workers’ Compensation Commission, Op. filed September 16, 1992 (W.C.C. No. D902725); Roger Mixon v.Valley Implement, Full Workers’ Compensation Commission, Op. filed June 20, 1996 (W.C.C. No. E315872); William Hunt v. Bill Lovett, Full Workers’ Compensation Commission, Op. filed September 16, 1996 (W.C.C. No. E218307); William B. Tefft v. Omega TubeConduit Corp., Full Workers’ Compensation Commission, Op. filed November 24, 1997 (W.C.C. No. E120330); Curtis Trimble v.Transervice Corporation, Full Workers’ Compensation Commission, Op. filed June 3, 1997 (W.C.C. No. E107197); Virgil Eckhardt v.Willis Shaw Express, Inc., Full Workers’ Compensation Commission, Op. filed September 15, 1997 (W.C.C. Nos. E603970 and E414831);Roy Rich v. Phycor of Ft. Smith, Full Workers’ Compensation Commission, Op. filed December 4, 1997 (W.C.C. No. E511541);Theodis Clegg v. Talbert Loggins, Full Workers’ Compensation Commission, Op. filed January 22, 1998 (W.C.C. No. E111624).
IT IS SO ORDERED.
_______________________________
ELDON F. COFFMAN, Chairman
_______________________________ MIKE WILSON, Commissioner
Commissioner Humphrey concurs.