CLAIM NO. D609422
LAYTON J. BOSTIC, EMPLOYEE, CLAIMANT v. LAYTON J. BOSTIC, EMPLOYER, (CARTWRIGHT VAN LINES), RESPONDENT and AMERICAN HOME INSURANCE CO., CARRIER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
ORDER FILED MAY 17, 1996
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by KEITH VAUGHAN, Attorney at Law, Angleton, Texas.
Respondent represented by RALPH R. WILSON, Attorney at Law, Little Rock, Arkansas.
[1] ORDER
[2] This matter comes on for review by the Full Commission upon remand by the Arkansas Court of Appeals.
[3] The Arkansas Court of Appeals has remanded this case for an order by the Commission awarding claimant permanent and total disability benefits. The Arkansas Court of Appeals has held that the claimant has made a prima facia showing that he is within the odd-lot category. The claimant has had six surgeries as a result of his compensable injury, including a three level spinal fusion in addition to problems with the donor site. Claimant has experienced constant low back pain, right hip and right leg pain, and he takes daily prescription medication for pain. The claimant is limited in his ability to sit, walk, twist, bend, stoop and recline. The Court of Appeals has further found that the record reveals the claimant has been cooperative in rehabilitation programs and the respondent has offered no evidence of suitable work that is regularly and continuously available to the claimant. Therefore, in accordance with the opinion of the Arkansas Court of Appeals, we find the claimant to be permanently and totally disabled. 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 A.C.A. §
11-9-809 (Repl. 1996).
[4] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman PAT WEST HUMPHREY, Commissioner ALICE L. HOLCOMB, Commissioner
