CLAIM NO. F400944
Before the Arkansas Workers’ Compensation Commission
OPINION FILED MARCH 13, 2006
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the Honorable J. Randolph Shock, Attorney at Law, Fort Smith, Arkansas.
Respondents No. 1 represented by the Honorable Carol Lockard Worley, Attorney at Law, Little Rock, Arkansas.
Respondent No. 2 represented by the Honorable Andrew Ivey, Attorney at Law, Little Rock, Arkansas.
OPINION AND ORDER
This case is presently before the Full Commission on remand from the Arkansas Court of Appeals. In an opinion dated February 1, 2006, the Court of Appeals reversed and remanded the case to the Full Commission directing it to determine the respective liability of the insurers based on a finding as to when the claimant became aware of the injury pursuant to the standard enunciated in Pina v. Wal-Mart Stores, Inc., ___ Ark. App. ___, S.W.3d ___, ___ (May 11, 2005).
Therefore, in accordance with this mandate from the Court of Appeals, the Full Commission finds that pursuant to the standard enunciated in Pina, the claimant’s compensable gradual-onset injury legally commenced when she became aware of the injury. Claimant had been complaining about this for eight or nine months prior to September, 2003. As a result, Southern Guaranty Insurance Group/Respondent No. 2 is liable for the compensation and benefits awarded. Accordingly, we affirm the opinion of the administrative law judge.
IT IS SO ORDERED.
_______________________________ OLAN W. REEVES, Chairman
_______________________________ SHELBY W. TURNER, Commissioner
_______________________________ KAREN H. McKINNEY, Commissioner