CLAIM NO. E503051
Before the Arkansas Workers’ Compensation Commission
ORDER FILED MAY 12, 2000
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by JOE M. ROGERS, Attorney at Law, West Memphis, Arkansas.
Respondent represented by DAVID S. WILSON III, Attorney at Law, West Memphis, Arkansas.
ORDER
This case comes before the Full Commission on remand from the Arkansas Court of Appeals. Administrative Law Judge Harrison filed an opinion on April 24, 1996, finding that claimant is entitled to ongoing medical care under the direction of Dr. Wong and to temporary total disability benefits from the date of her injury, February 9, 1995, until she has obtained appropriate medical care and is released to work. Administrative Law Judge Hogan filed an opinion on July 24, 1998, finding that claimant is entitled to additional temporary total disability benefits from November 21, 1995 to December 12, 1995, and treatment of her de Quervain’s syndrome as long as her condition was demonstrated by objective evidence and a continuation of symptoms, as well as imposing a 20% penalty upon respondent for all benefits not paid within 45 days of the April 24, 1996 opinion. The Full Commission affirmed and adopted Judge Hogan’s decision in an opinion an order filed May 27, 1999.
In an Opinion delivered March 22, 2000, however, the Court of Appeals found that the Commission erred in disregarding the April 24, 1996 opinion by terminating the claimant’s temporary total disability benefits on December 12, 1995 “because unless there was evidence of change in her condition, the Commission was bound by res judicata to follow the decision of Judge Harrison that Castleberry was temporarily and totally disabled until such time as she received appropriate medical care and was released to return to work.” The Court went on to state that the evidence presented after Judge Harrison’s order was insufficient to support a finding of changed circumstances. The Court also stated that res judicata bound the Commission to find that claimant is entitled to additional medical benefits as awarded April 24, 1996.
Therefore, we hereby order that claimant is entitled to temporary total disability benefits until such time as she receives appropriate medical care and is released to return to work, and that she is entitled to ongoing care under the direction of Dr. Wong, as originally ordered on April 24, 1996.
IT IS SO ORDERED.
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ELDON F. COFFMAN, Chairman
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MIKE WILSON, Commissioner
Commissioner Humphrey concurs.