CLAIM NO. E205782
TERRY BRYAN, EMPLOYEE, CLAIMANT v. BEST WESTERN/COACHMAN’S INN, EMPLOYER, RESPONDENT, and UNION INSURANCE CO., CARRIER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
ORDER FILED DECEMBER 22, 1994
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by GREGORY GILES, Attorney at Law, Texarkana, Texas.
Respondent represented by HOWARD MOWERY, Attorney at Law, Texarkana, Texas.
[1] ORDER
[2] This matter comes before the Full Commission from the October 19, 1994 reversal and remand of the Court of Appeals. The Court of Appeals found that the decision of the Full Commission finding that claimant’s knee injury is not a compensable injury was not supported by substantial evidence. On remand, the Full Commission is to render an opinion consistent with the Court of Appeals’ determination that the risk of assault was increased by the nature of claimant’s work. Thus, claimant’s injury is a compensable injury.
[3] After reviewing the record and consistent with the Court of Appeals’ mandate, we find that claimant’s knee injury is a compensable injury.
[4] Claimant did not suffer a knee injury while moving a roll-a-way bed. Claimant was injured in a fight. Although the Court of Appeals agreed with the Full Commission that the assault did not have its origin in claimant’s work, they found that claimant’s injury is a compensable injury. Claimant had security duties in conjunction with his other duties at the hotel. Mr. Herbert Sullivan, the owner of the motel, instructed claimant that if Mr. Ellis was seen on the property, claimant was to tell him to leave and that he was trespassing. This is what happened. Claimant was injured in an altercation that although its origin was personal in nature, claimant’s position as a security officer attempting to force Ellis to leave the premises increased the risk of the assault. Therefore, consistent with the remand from the Court of Appeals, we find that claimant sustained a compensable knee injury.
[5] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner PAT WEST HUMPHREY, Commissioner
