CLAIM NO. E216842
DEBORAH BARNETTE, EMPLOYEE, CLAIMANT v. ALLEN CANNING COMPANY, SELF-INSURED EMPLOYER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JUNE 15, 1995
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE MICHAEL HAMBY, Attorney at Law, Greenwood, Arkansas.
Respondents represented by the HONORABLE CONSTANCE CLARK, Attorney at Law, Fayetteville, Arkansas.
[1] ORDER
[2] This matter comes before the Full Commission on remand from the Arkansas Court of Appeals. On July 19, 1993, the administrative law judge filed an opinion and order finding that the claimant was entitled to additional temporary total disability compensation from January 25, 1993 through May 6, 1993, and the administrative law judge found that the claimant was entitled to temporary partial disability compensation from May 6, 1993, to a date to be determined. However, on March 15, 1994, the Full Commission filed an opinion and order finding that the claimant unjustifiably refused employment suitable to her capacity and, consequently, therefore, finding that Ark. Code Ann. §11-9-526 (1987) barred an award of compensation. In this regard, the claimant had voluntarily terminated her employment, and she had been advised to reapply with the personnel department if she wanted to be rehired. Our decision was based on the finding that the instructions for the claimant to reapply if she wanted to be rehired constituted an offer of employment under the facts established by the evidence. However, in an opinion delivered April 5, 1995, the Court of Appeals concluded that there was not sufficient evidence to constitute an offer of employment as contemplated by Ark. Code Ann. § 11-9-526. Since the Court thus concluded that there was no offer of employment for the claimant to unjustifiably refuse, the Court reversed the decision of the Commission and remanded the claim with instructions for an appropriate award of benefits to be entered.
[3] Therefore, in accord with the Court’s instructions, we find that the claimant proved by a preponderance of the evidence that she is entitled to temporary total disability compensation through May 6, 1993. Although she was released to light duty work on January 25, 1993, later medical reports indicate that she experienced complications related to her injury that totally incapacitated her from earning wages. However, in a report dated May 6, 1993, Dr. Heim indicated that her range of motion was improving and that she was experiencing less pain. On that date, Dr. Heim also released her to light duty work, but he also imposed restrictions on the use of her arm, which he indicated were temporary in nature. Therefore, we find that the claimant was no longer totally incapacitated from earning as of that date, and, thus, that she was not entitled to temporary total disability compensation after that date.
[4] In light of her release to light duty work with temporary restrictions, we also find that the preponderance of the evidence establishes that the claimant was temporarily partially disabled after May 6, 1993. However, we are unable to determine the extent of the period of temporary partial disability compensation from the record compiled at the previous hearing in this matter. Therefore, we find that this claim must be remanded to the administrative law judge so that this issue can be resolved.
[5] Accordingly, for the reasons discussed herein, we find that the claimant is entitled to additional temporary total disability compensation for the period extending until May 6, 1993. In addition, we find that the claimant is entitled to temporary partial disability compensation for some period subsequent to May 6, 1993, and we remand the claim to the administrative law judge with instructions to conduct such proceedings as are necessary to determine the extent of the claimant’s entitlement to temporary partial disability compensation and to consider any other matters properly before the Commission. The administrative law judge is also instructed to enter an opinion and order making the necessary findings of fact and conclusions of law.
[6] The respondents are hereby ordered and directed to pay temporary total disability benefits in accordance with this opinion. 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 Administrative Law Judge’s decision in accordance with Ark. Code Ann. §
11-9-809
(1987).
[7] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman PAT WEST HUMPHREY, Commissioner
[8] Commissioner Tatum dissents.
