CLAIM NO. E612558

MELBA A. AKERS, EMPLOYEE, CLAIMANT v. ACCO, INC., EMPLOYER, RESPONDENT and INSURANCE CO.-STATE OF PENNSYLVANIA, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 13, 1999

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

Claimant represented by RICHARD A. REID, Attorney at Law, Blytheville, Arkansas.

Respondents represented by THOMAS J. DIAZ, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This case comes on for review before the Commission on respondent’s “Motion to Compel Executed Social Security Administration Authorization”. This claim is currently on appeal with both parties appealing elements of an Administrative Law Judge’s award filed April 15, 1999.

[3] After our consideration of respondent’s motion, claimant’s response thereto and all other matters properly before the Commission, we find that respondent’s Motion should be denied.

[4] The basis of respondent’s motion is as follows; respondent has requested the social security authorization in order to determine any potential offset to which they would be entitled under A.C.A. § 11-9-522(f) should they lose the contested issues on appeal.

[5] Respondent relies upon A.C.A. § 11-9-522(f) as it existed on the date of claimant’s injury which occurred in 1996. Respondent cites our initial opinion in Golden v. Westark Community College, filed on August 14, 1996, to support the argument that it is entitled to a dollar for dollar setoff against any social security benefits claimant might receive after turning 65 in December of this year. Respondent did not refer to the subsequent Supreme Court decision in Golden v. Westark Community College, 31 Ark. 41, [333 Ark. 41] 969 S.W.2d 154, (1998), wherein the statute relied upon by respondent was held to be unconstitutional.

[6] Accordingly, we find that respondent’s “Motion to Compel Executed Social Security Administration Authorization” should be, and hereby is denied.

[7] IT IS SO ORDERED.

[8] ________________________________
ELDON F. COFFMAN, Chairman ________________________________ PAT WEST HUMPHREY, Commissioner

[9] Commissioner Wilson concurs.