CLAIM NO. E108137
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JUNE 23, 1998
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE JOHN W. GOODSON, Attorney at Law, Texarkana, Arkansas.
Respondent No. 1 represented by the HONORABLE RICHARD S. SMITH, Attorney at Law, Little Rock, Arkansas.
Respondent No. 2 represented by the HONORABLE TERRY PENCE, Attorney at Law, Little Rock, Arkansas.
[1] ORDER[2] This case involves a dispute between the Public Employee Claims Division and the Death and Permanent Total Disability Trust Fund as to when the Public Employee Claims Division satisfied it’s maximum statutory liability of $75,000.00. On appeal, the parties seek a statutory interpretation of Ark. Stat. Ann. § 81-1313(f)(1). However, we note that the parties’ briefs were filed prior to the recent Arkansas Supreme Court decision inNelson v. Timberline International, Inc., ___ Ark. ___, ___ S.W.2d ___ (March 5, 1998). In that decision, the Supreme Court found “that Ark. Stat. Ann. § 81-1313(f)(1) is in conflict with Act 290 [of 1981], and accordingly, is deemed repealed by Act 290from the time of this decision.” [3] If the Supreme Court’s decision in Timberline is applicable to this pending case before the Full Commission, then it appears likely that the statutory interpretation issue regarding Ark. Code Ann. § 81-1313(f)(1) in the present case is moot. If the decision in Timberline does not apply to this pending case before the Full Commission, then our resolution of the dispute between the parties will apparently require a statutory interpretation of Ark. Stat. Ann. § 81-1313(f)(1). [4] In the present case, the claimant’s injuries occurred before March 5, 1998, and apparently the Public Employee Claims Division was scheduled to satisfy its maximum statutory liability by either May 7, 1997, or by February 25, 1998, depending on how Ark. Stat. Ann. § 81-1313(f)(1) is construed. Both of these dates also precede March 5, 1998. In light of these facts, it appears that the March 5, 1998, repeal of Ark. Stat. Ann. § 81-1313(f)(1) would be relevant to the current dispute only if that repeal is deemed applicable to pending suits before the Commission, even where the injury date and accrued liability dates both precede the repeal date of March 5, 1998. [5] The Clerk of the Commission is directed to establish a briefing schedule for simultaneous supplemental briefs to be filed within 30 days of the date of this order, and simultaneous reply briefs to be filed within 15 days thereafter. The relevant issues include:
[6] IT IS SO ORDERED.(1) Is the March 5, 1998, repeal of Ark. Stat. Ann. § 81-1313(f)(1) by the Supreme Court applicable to this pending dispute before the Full Commission between the Public Employee Claims Division and the Death and Permanent Total Disability Trust Fund,
(2) If the March 5, 1998, repeal of Ark. Stat. Ann. § 81-1313(f)(1) is applicable to this case, does that repeal by the Supreme Court in Timberline resolve the dispute currently between the parties, and
(3) Any other issue either party deems relevant as a result of the Timberline decision.
ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner
[7] MIKE WILSON, Commissioner