DAVIS v. PILGRIM’S PRIDE, 2001 AWCC 175

CLAIM NO. F012522

TIMOTHY DAVIS, EMPLOYEE, CLAIMANT v. PILGRIM’S PRIDE, SELF-INSURED EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED AUGUST 9, 2001

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

Claimant represented by the HONORABLE MARSHALL H. MOORE, Attorney at Law, Texarkana, Arkansas.

Respondent represented by the HONORABLE MICHAEL McCARTY HARRISON, Attorney at Law, Little Rock, Arkansas.

Decision of administrative law judge: Vacated and remanded.

ORDER
The respondents appeal to the Full Workers’ Compensation Commission an administrative law judge’s opinion filed April 9, 2001. The administrative law judge found that on October 20, 2000, the claimant sustained an injury arising out of and in the course of his employment. The Full Commission vacates the administrative law judge’s decision, and we remand for additional findings.

The claimant contends that he sustained a compensable hernia while employed by the respondents. Ark. Code Ann. § 11-9-523(a) (Supp. 1999) provides that in all cases of claims for hernia, it shall be shown to the satisfaction of the Workers’ Compensation Commission:

(1) That the occurrence of the hernia immediately followed as the result of sudden effort, severe strain, or the application of force directly to the abdominal wall;
(2) That there was severe pain in the hernial region;
(3) That the pain caused the employee to cease work immediately;
(4) That notice of the occurrence was given to the employer within forty-eight (48) hours thereafter; and
(5) That the physical distress following the occurrence of the hernia was such as to require the attendance of a licensed physician within seventy-two (72) hours after the occurrence.

The administrative law judge cited Ark. Code Ann. § 11-9-523(a), but he did not purport to explain what evidence of record, if any, established each of the five requirements necessary to establish a compensable hernia. Therefore, the Full Commission remands this matter to the administrative law judge, and we direct the administrative law judge to enter specific findings on each statutory element necessary to establish a compensable hernia injury.

IT IS SO ORDERED.

________________________________ ELDON F. COFFMAN, Chairman
____________________________________________________ MIKE WILSON, Commissioner
________________________________ SHELBY W. TURNER, Commissioner