CLAIM NO. E116975
LOYCE BRAND, EMPLOYEE, CLAIMANT v. NORTH AMERICAN PHILIPS LIGHTING CO., EMPLOYER, RESPONDENT and THE TRAVELERS INSURANCE CO., CARRIER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JULY 8, 1994
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by THOMAS. McGOWAN, Attorney at Law, Little Rock, Arkansas.
Respondent represented by MICHAEL E. RYBURN, Attorney at Law, Little Rock, Arkansas.
[1] ORDER
[2] This case comes before the Commission on the respondent’s motion for a hearing in order to introduce additional evidence on the issue of statute of limitations.
[3] Claimant objects to said respondent’s motion and states that based upon the Court of Appeals’ opinion entered in this case on May 24, 1994, the issue of statute of limitations is res judicata.
[4] We agree with the claimant and find that claimant’s objection is well taken and that all issues relating to the statute of limitations in this case are, indeed, res judicata. Therefore, the respondent’s motion to introduce additional evidence on the issue of statute of limitations is hereby denied.
[5] This case is further before us on remand from the Arkansas Court of Appeals wherein the Court of Appeals reversed the Commission’s opinion that the statute of limitation was a bar to this claim and remanded the matter for further proceedings.
[6] Accordingly, we hereby remand this case to an Administrative Law Judge with instructions to set this case for an immediate hearing wherein either party can fully develop any and all issues necessary for the Administrative Law Judge to then render an opinion not inconsistent with that entered by the Court of Appeals, i.e., the statute of limitation evidence should not be allowed, accepted or considered by the Administrative Law Judge in rendering further decisions on the merits of this case.
[7] IT IS SO ORDERED.
ALLYN C. TATUM, Commissioner PAT WEST HUMPHREY, Commissioner
[8] Chairman Daniel recuses.
