CLAIM NO. D614536
Before the Arkansas Workers’ Compensation Commission
OPINION FILED FEBRUARY 10, 1999
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE JOHN RICHARD BYRD. SR., Attorney at Law, Hamburg, Arkansas.
Respondent represented by the HONORABLE JAMES M. GARY, Attorney at Law, Little Rock, Arkansas.
[1] OPINION AND ORDER[2] This case comes before the Full Commission on remand from the Arkansas Court of Appeals. In an opinion delivered December 9, 1998 (CA 98-667), the Court reversed and remanded on direct appeal and affirmed on cross-appeal a Full Commission opinion filed February 18, 1998. The Court affirmed our finding that the claimant is entitled to a 25% increase in the compensation rate for all of the claimant’s permanent disability compensation in excess of the 20% anatomical impairment which was accepted and paid by the respondent. However, the Court reversed our finding that the doctrine of res judicata bars an application of the 25% safety violation penalty to the claimant’s temporary total disability compensation or to the 20% anatomical impairment accepted and paid by the respondent prior to the first hearing on this claim. [3] Pursuant to the mandate of the Court of Appeals, we find that the claimant is entitled to a 25% increase in all compensation payable to the claimant under the provisions of Ark. Code Ann. § 11-9-501 (a)-(d) (1987). In addition, attorney fees are to be calculated on the additional five percent anatomical impairment awarded by the Commission and on the entire twenty-five percent increase in compensation payable under Ark. Code Ann. § 11-9-501(1987). 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 Ark. Code Ann. § 11-9-809 (Repl. 1996). [4] IT IS SO ORDERED.
ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner MIKE WILSON, Commissioner