CLAIM NO. E502226
Before the Arkansas Workers’ Compensation Commission
OPINION FILED FEBRUARY 11, 1999
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by BILLY F. JENNINGS, Attorney at Law, Magnolia, Arkansas.
Respondents represented by CAROL L. WORLEY, Attorney at Law, Little Rock, Arkansas.
Decision of Administrative Law Judge: Vacated and remanded.
[1] OPINION AND ORDER[2] This case comes on for review before the Commission on claimant’s motion to remand. [3] After our consideration of claimant’s motion, respondent’s objection thereto and all other matters properly before the Commission, we find that claimant’s motion to remand should be granted. [4] A third-party action was filed by claimant and respondent intervened. It appears that claimant settled the lawsuit with the third-party but the settlement was around respondent. Thereafter, respondent apparently settled with the third-party tortfeasor. On November 3, 1998, respondent filed with the Administrative Law Judge a petition for credit and for an expedited order. Claimant filed a timely answer to this petition denying that respondent was entitled to any offset or credit against future benefits as a result of his settlement with the third-party. Without conducting a hearing or obtaining stipulated facts by the parties, the Administrative Law Judge, on November 23, 1998, filed an order granting respondent’s motion. Claimant filed a timely appeal to the Commission. Claimant has now filed several motions but primarily one to remand to the Administrative Law Judge. [5] We find that the Administrative Law Judge erred by granting respondent’s petition for a credit without developing a record for our review. There was neither a hearing held nor stipulated facts by the parties on which the Administrative Law Judge could base his order. [6] As a result of claimant’s dispute or denial of respondent’s right to a credit, some type of record should have been developed. In essence, the Administrative Law Judge has entered an order in favor of respondent for summary judgment. The Arkansas Courts and the Commission have held on many occasions that summary judgments do not apply to workers’ compensation cases. See, e.g. Cleveland Clark v.International Paper Company, Full Commission Opinion filed January 5, 1996. [7] Accordingly, for the reasons discussed herein, we find that the Administrative Law Judge’s decision must be set-aside and remanded with instructions for the Administrative Law Judge to conduct such proceedings as are necessary to develop a record in this matter and to file an opinion and order setting forth findings and conclusions based on that record. [8] IT IS SO ORDERED.
ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner
[9] Commissioner Wilson dissents.