CLAIM NO. E615322 E801850
Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 12, 1999
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by GARY DAVIS, Attorney at Law, Little Rock, Arkansas.
Respondent No. 1 represented by JOSEPH PURVIS, Attorney at Law, Little Rock, Arkansas.
Respondent No. 2 represented by JAMES C. BAKER, Jr. Attorney at Law, Little Rock, Arkansas.
[1] ORDER[2] This matter is presently before the Commission on Claimant’s Motion for Interlocutory Order Directing an Equal Division of Payments and Liability Pending Resolution as to the Question of Responsibility. After reviewing claimant’s Motion, Respondent No. 1’s Response thereto, and all other matters properly before the Commission, we find that claimant’s Motion should be denied. [3] Claimant is requesting an Order directing respondents pay claimant’s benefits for both temporary total disability and medical care on an equal basis until a final resolution as to liability is made. Ark. Code Ann. § 11-9-806 provides:
[4] In the present claim, the only dispute is not against the carriers for one employer, but whether claimant sustained an aggravation or recurrence while employed by successive employers. Consequently, we find that Ark. Code Ann. § 11-9-806 does not apply to this claim. Accordingly, we find that we are without authority to grant claimant’s Motion. [5] Therefore, for those reasons stated herein, we find that claimant’s Motion for an Order directing equal division of payments among the respondents must be denied. [6] IT IS SO ORDERED. [7] _______________________________In an case where an employer changes insurance carriers or where the employer having been self-insured, becomes insured, or having been insured, is approved to be self-insured, and the only dispute in a claim against that employer is the proper source of payment of benefits, the Workers’ Compensation shall direct that the appropriate compensation benefits be paid on equal basis by the carriers or self-insured employer.
ELDON F. COFFMAN, Chairman
_______________________________ MIKE WILSON, Commissioner
[8] Commissioner Humphrey dissents.