BRANDON v. ANHEUSER BUSCH COMPANIES, INC., 2000 AWCC 4

CLAIM NO. E812812

TONY E. BRANDON, EMPLOYEE, CLAIMANT v. ANHEUSER BUSCH COMPANIES, INC., EMPLOYER, RESPONDENT and PACIFIC EMPLOYERS, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JANUARY 4, 2000

Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.

Claimant represented by SCOTT HUNTER, Attorney at Law, Little Rock, Arkansas.

Respondent represented by TODD WILLIAMS, Attorney at Law, Jonesboro, Arkansas.

Decision of Administrative Law Judge: Affirmed.

OPINION AND ORDER
[1] This case comes on for review by the Full Commission on appeal by claimant from an opinion filed herein by an Administrative Law Judge on July 6, 1999.

[2] The Administrative Law Judge entered the following findings of fact and conclusions of law:

1. The Workers’ Compensation Commission has jurisdiction of this claim in which the relationship of employer-employee-carrier existed among the parties on June 30, 1998.
2. The claimant has failed to prove by a preponderance of the credible evidence of record that he sustained a gradual injury caused by rapid and repetitive motion arising out of and in the course of his employment which produced physical bodily harm, supported by objective findings, which was the major cause of disability or the need for medical treatment, pursuant to Ark. Code Ann. § 11-9-102.
In this case we have reviewed the record de novo, weighing the evidence impartially and without giving the benefit of the doubt to either party. Ark. Code Ann. § 11-9-704(c) and Fowler v. McHenry, 22 Ark. App. 196, 737 S.W.2d 663 (1987). It is our opinion that the decision of the Administrative Law Judge is correct and should be affirmed. Specifically, we find from a preponderance of the evidence that the findings of fact made by the Administrative Law Judge are correct, and supported by the following cases:

[3] Ainsworth v. Alamos, F.C. Opinion Filed April 15, 1998, Amended and Substituted Order Filed April 28, 1998 (WCC No, E515768); Layv. United Parcel Service, 58 Ark. App. 35, 944 S.W.2d 867 (1997); and Malone v. Texarkana Pub. Schs., 333 Ark. 343, 969 S.W.2d 644
(1998), and they are therefore adopted by the Full Commission. Accordingly, we affirm the decision of the Administrative Law Judge filed July 6, 1999, and this claim is denied and dismissed.

[4] IT IS SO ORDERED.

[5] _______________________________
ELDON F. COFFMAN, Chairman

_______________________________
MIKE WILSON, Commissioner

[6] Commissioner Humphrey dissents.