CORNELL v. HUBBELL INCORPORATED D/B/A HUBBELL LIGHTING, 2010 AWCC 23

CLAIM NO. F511909

BILLY DOTSON, EMPLOYEE CLAIMANT v. LITTLE ROCK NATIONAL AIRPORT, A SELF-INSURED EMPLOYER RESPONDENT NO. 1 RISK MANAGEMENT RESOURCES, TPA RESPONDENT NO. 1 SECOND INJURY FUND RESPONDENT NO. 2

Before the Arkansas Workers’ Compensation Commission
OPINION FILED FEBRUARY 1, 2010

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

Claimant represented by the HONORABLE JAMES W. STANLEY, Attorney at Law, Little Rock, Arkansas.

Respondents No. 1 represented by the HONORABLE BETTY J. HARDY, Attorney at Law, Little Rock, Arkansas.

Respondent No. 2 represented by the HONORABLE DAVID PAKE, Attorney at Law, Little Rock, Arkansas

Decision of Administrative Law Judge: Affirmed in part.

OPINION AND ORDER
This claim is presently before the Full Commission on remand from the Court of Appeals. In an opinion delivered December 9, 2009, the Court of Appeals held that the Full Commission erred in finding that an MRI was not reasonable and necessary medical treatment, since the basis for the Commission’s decision was a peer review report that stated “additional information is needed.” Specifically, the Court stated, “We reverse and remand for the Commission to permit appellant to see Dr. Chakales in an attempt to satisfy the peer review company’s need for additional information.” Accordingly,

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we find that the claimant has proven by a preponderance of the evidence that additional treatment by Dr. Chakales to satisfy the peer review company’s request for additional information is reasonable and necessary medical treatment in connection with the claimant’s compensable injury.

All accrued benefits shall be paid in a lump sum without discount and with interest thereon at the lawful rate from the date of he Administrative Law Judge’s decision in accordance with Ark. Code Ann. § 11-9-809 (Repl. 2002). For prevailing on this appeal before the Full Commission, claimant’s attorney is hereby awarded an additional attorney’s fee in the amount of $500.00 in accordance with Ark Code Ann. § 11-9-715 (Repl. 2002).

Therefore we find that the decision of the Administrative Law Judge affirmed in part.

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IT IS SO ORDERED.

____________________________ A. WATSON BELL, Chairman

____________________________ KAREN H. McKINNEY, Commissioner
____________________________ PHILIP A. HOOD, Commissioner

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