CLAIM NO. F701212
Before the Arkansas Workers’ Compensation Commission
OPINION FILED NOVEMBER 17, 2009
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by Honorable J. Mark White, Attorney at Law, Bryant, Arkansas.
Respondent represented by Honorable Michael E. Ryburn, Attorney at Law, Little Rock, Arkansas.
OPINION AND ORDER
The claimant has filed a Motion For Clarification in the above-styled matter. The respondents have been served with the motion and have received notice from the Clerk of the Commission but have not filed a response. The Full Commission grants the claimant’s motion.
The parties stipulated that the claimant sustained a compensable right knee injury on January 23, 2007. In an opinion filed April 3, 2008, an administrative law judge found that the claimant proved a total knee replacement was reasonably necessary in connection with the compensable injury. The administrative law judge found that the claimant proved he was entitled to temporary partial disability benefits “from on or around mid-February 2007, and
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continuing through and until June 30, 2007.” The respondents appealed to the Full Commission and stated, “2. Specifically, the ALJ erred when she awarded future medical and a knee replacement.” The Full Commission subsequently filed a majority opinion which reversed the administrative law judge and found that the claimant did not prove he was entitled to a total knee replacement. The claimant appealed to the Arkansas Court of Appeals. The Court of Appeals delivered an opinion on April 15, 2009 and held, “Reasonable persons with these facts before them could not have reached the Commission’s conclusion about medical treatment. . . . We therefore reverse and remand for an award of medical benefits.” Following the Court’s remand, the Full Commission filed an order which affirmed the administrative law judge’s award of additional medical treatment. The Full Commission did not address the claimant’s entitlement to temporary partial disability.
The Full Commission therefore grants the claimant’s motion for clarification, and we hereby affirm the administrative law judge’s finding that the claimant proved he was entitled to temporary partial disability benefits “from on or around mid-February 2007, and continuing through and until June 30, 2007.” The claimant’s attorney is entitled to fees for legal services pursuant to Ark. Code Ann. § 11-9-715(Repl. 2002). We have already awarded the claimant’s attorney his five hundred dollar ($500) fee for prevailing on appeal the Full Commission, pursuant to Ark. Code Ann. § 11-9-715(b) (Repl. 2002).
IT IS SO ORDERED.
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________________________ A. WATSON BELL, Chairman
________________________ KAREN H. McKINNEY, Commissioner
________________________ PHILIP A. HOOD, Commissioner
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