CLAIM NO. E106117
JOHN BECKMAN, EMPLOYEE, CLAIMANT v. KELLY MOORE PAINT COMPANY, EMPLOYER, RESPONDENT and NATIONAL UNION FIRE INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
ORDER FILED OCTOBER 16, 1995
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by ELDON COFFMAN, Attorney at Law, Fort Smith, Arkansas.
Respondents represented by E. DIANE GRAHAM, Attorney at Law, Fort Smith, Arkansas.
[1] ORDER
[2] This case comes on for review before the Commission on respondent’s motion to modify the Commission’s opinion filed on September 13, 1995.
[3] After our review of respondent’s motion, claimant’s response thereto and all other matters properly before the Commission, we find that respondent’s motion should be granted in part.
[4] An Administrative Law Judge awarded benefits for a wage loss disability of 8% to the body as a whole. The Commission affirmed and adopted this opinion but indicated in the first paragraph that only respondent filed an appeal, when actually claimant filed the initial appeal and respondent filed a cross appeal. Thus, claimant believed the award was insufficient, while respondent believed it was excessive.
[5] Based on the above, we modify the first paragraph of our September 13, 1995 opinion to indicate that both parties appealed the opinion of the Administrative Law Judge.
[6] Respondent also suggests that since claimant appealed first, with respondents cross appealing, claimant did not prevail on appeal and is therefore, not entitled to an award of attorney’s fees. However, when respondent cross appealed the award as being excessive, the award of benefits was clearly placed in jeopardy. When the Commission affirms such an award, claimant’s attorney is entitled to an attorney’s fee for prevailing in part.
[7] Therefore, we modify our September 13, 1995 opinion to indicate that claimant’s attorney is entitled to an additional attorney’s fee in the amount of $250.00 for prevailing in part on appeal.
[8] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner PAT WEST HUMPHREY, Commissioner
