DARTER v. JAMES RIVER CORPORATION, 1996 AWCC 213

CLAIM NO. E317526

FLOYD DARTER, EMPLOYEE, CLAIMANT v. JAMES RIVER CORPORATION, EMPLOYER, RESPONDENT NO. 1, AETNA INSURANCE CO., INSURANCE CARRIER, RESPONDENT NO. 1 and SECOND INJURY FUND RESPONDENT NO. 2

Before the Arkansas Workers’ Compensation Commission
OPINION FILED SEPTEMBER 6, 1996

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

Claimant represented by the HONORABLE EDDIE H. WALKER, JR., Attorney at Law, Fort Smith, Arkansas.

Respondents No. 1 represented by the HONORABLE JOHN BEASLEY, Attorney at Law, Fort Smith, Arkansas.

Respondent No. 2 represented by the HONORABLE MARK LONG, Attorney at Law, little Rock, Arkansas.

[1] ORDER
[2] This matter comes on for review by the Full Commission on the claimant’s Motion to Modify Award. After careful consideration of the claimant’s motion, the response of respondent No. 1, and all other matters properly before the Commission, we find that the claimant’s motion must be granted.

[3] By order filed on August 14, 1996, the Full Commission found that respondent No. 1 failed to prove that respondent No. 2 has any liability for compensation to which the claimant is entitled. Accordingly, we ordered respondent No. 1 to pay the claimant permanent and total disability benefits commensurate with his permanent disability rate which we identified as $209.08 per week. On August 20, 1996, the claimant filed his Motion to Modify Award seeking a modification of our order filed on August 14, 1996, to reflect a total disability rate of $241.93 per week. By response filed on August 26, 1996, respondent No. 1 agreed that the claimant’s appropriate total disability rate is $241.93 per week. [4] Therefore, we find that the opinion and order which we filed on August 14, 1996, should be amended and that the first sentence of the last paragraph of the opinion should be modified to read as follows:

Accordingly, consistent with our prior opinion and order, and in light of the Court of Appeals’ decision, we hereby order respondent No. 1 to pay the claimant permanent and total disability benefits commensurate with his permanent disability rate of $241.93 per week.

[5] The opinion and order filed on August 14, 1996, is hereby amended only to modify the language identifying the claimant’s total disability rate. In all other respects, the opinion and order shall remain the same and shall not be otherwise affected. [6] IT IS SO ORDERED.

JAMES W., Chairman PAT WEST HUMPHREY, Commissioner ALICE L. HOLCOMB, Commissioner