DORMANY v. WAL-MART STORES, 2001 AWCC 97

CLAIM NO. E800135

MARY DORMANY, EMPLOYEE, CLAIMANT v. WAL-MART STORES, INC., EMPLOYER, RESPONDENT, CLAIMS MANAGEMENT, INC., CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED APRIL 26, 2001

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

Claimant represented by HONORABLE PHILIP M. WILSON, Attorney at Law, Little Rock, Arkansas.

Respondent represented by HONORABLE MIKE ROBERTS, Attorney at Law, Little Rock, Arkansas.

ORDER
This matter comes back before the Full Workers’ Compensation Commission upon reversal and remand from the Arkansas Court of Appeals. See Dormany v. Wal-Mart Stores, Inc., ___ Ark. App. ___, ___ S.W.3d ___ (2001).

The Administrative Law Judge issued an opinion on October 20, 1999, finding that the claimant failed to prove by a preponderance of the evidence that she was entitled to permanent partial disability benefits based upon the impairment ratings that were assigned. Specifically, the Administrative Law Judge found that range of motions tests were not objective findings as defined in Ark. Code Ann. § 11-9-102(16)(A)(i) (Repl. 1996).

In an unpublished opinion filed January 26, 2000, the Full Commission affirmed and adopted the decision of the Administrative Law Judge. Subsequent to the Commission’s decision, the Arkansas Court of Appeals has found that passive range of motion evaluations constituted objective findings pursuant to Ark. Code Ann. § 11-9-102(16)(A)(i) (Repl. 1996). The Court reversed and remanded this case to the Commission with directions to reconsider our holding in light of the Court’s decision in Hayesv. Wal-Mart, 71 Ark. App. 207, 29 S.W.3d 751, (2000). Accordingly, the Full Commission remands this matter to the Administrative Law Judge for additional proceedings consistent with the Court’s opinion.

IT IS SO ORDERED.

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