CLAIM NO. E910776
Before the Arkansas Workers’ Compensation Commission
ORDER FILED FEBRUARY 8, 2002
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE CHRISTIE GUNTER ADAMS, Attorney at Law, Texarkana, Texas.
Respondent represented by HONORABLE RANDY P. MURPHY, Attorney at Law, Little Rock, Arkansas.
ORDER
This matter is currently before the Full Workers’ Compensation Commission on Remand from the Arkansas Court of Appeals. In an Opinion delivered in this case on November 28, 2001, the Arkansas Court of Appeals reversed the decision of the Full Commission and remanded this case to the Commission for an award of benefits. The Court of Appeals specifically found that the claimant proved by a preponderance of the evidence that he was performing employment services at the time of the fatal accident.
In an Opinion dated August 7, 2000, an Administrative Law Judge found that the claimant proved by a preponderance of the evidence that he sustained a compensable injury arising out of and in the course of his employment which resulted in his death. On February 26, 2001, the Full Workers’ Compensation Commission reversed the decision of the Administrative Law Judge and found that the claimant failed to prove by a preponderance of the evidence that he was performing employment services at the time of the fatal accident. The claimant then appealed the Full Commission’s decision to the Arkansas Court of Appeals. The Court of Appeals found:
The accident occurred within the time and space boundaries of Dayne’s employment, and at a time when he was advancing the appellee’s interest. We hold that the Commission’s opinion does not display a substantial basis for the denial of relief and that the Commission erroneously found that Dayne was not performing employment services at the time of his death.
Therefore, the Full Commission finds that the claimant was performing employment services at the time of his death. Accordingly, the claimant proved by a preponderance of the evidence that he sustained a compensable injury on August 30, 1999. The respondents are directed to comply with the award set forth in the opinion of the Administrative Law Judge. 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
(Repl. 1996).
For prevailing on this appeal before the Full Commission, claimant’s attorney is hereby awarded an additional attorney’s fee in the amount of $250.00 in accordance with Ark. Code Ann. § 11-9-715(b) (Repl. 1996).
IT IS SO ORDERED.
_______________________________ ELDON F. COFFMAN, Chairman
_______________________________ MIKE WILSON, Commissioner
_______________________________ SHELBY W. TURNER, Commissioner