BUSSELL v. GEORGIA-PACIFIC CORPORATION, 1995 AWCC 104

CLAIM NO. D614536

R.B. BUSSELL, EMPLOYEE, CLAIMANT v. GEORGIA-PACIFIC CORPORATION, SELF-INSURED EMPLOYER, RESPONDENT NO. 1 and SECOND INJURY FUND, INSURANCE CARRIER, RESPONDENT NO. 2

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MAY 10, 1995

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

Claimant represented by the HONORABLE JOHN RICHARD BYRD, Attorney at Law, Hamburg, Arkansas.

Respondent No. 1 represented by the HONORABLE JAMES M. GARY and the HONORABLE GERALD CROCHET, Attorneys at Law, Little Rock, Arkansas.

Respondent No. 2 represented by the HONORABLE TERRY PENCE, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This matter comes before the Full Commission on remand from the Arkansas Court of Appeals. On October 18, 1993, the Full Commission filed an opinion and order finding, inter alia, that the claimant failed to prove by clear and convincing evidence that his injury was substantially occasioned by a safety violation. However, in an opinion delivered February 1, 1995, the Court of Appeals reversed our decision with regard to this issue and remanded the claim for an award of benefits.

[3] Therefore, in accord with the decision of the Court, we find that the claimant proved by clear and convincing evidence that his injury was substantially occasioned by the employer’s failure to comply with an Arkansas statute or official regulation pertaining to the health or safety of employees. Consequently, pursuant to Ark. Code Ann. § 11-9-503
(1987), we find that the compensation which is provided for in Ark. Code Ann. § 11-9-501 (a)-(d) and awarded to the claimant in the prior awards of this Commission shall be increased by twenty-five percent (25%).

[4] IT IS SO ORDERED.

JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner PAT WEST HUMPHREY, Commissioner