CLAIM NO. E108095
Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 16, 1994
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by ANTHONY W. BARTELS, Attorney at Law, Jonesboro, Arkansas.
Respondent No. 1 represented by FLETCHER LONG, Attorney at Law, Forrest City, Arkansas.
Respondent No. 2 represented by TERRY PENCE, Attorney at Law, Little Rock, Arkansas.
[1] NUNC PRO TUNC ORDER
[2] The Full Commission, on its own motion, finds that the opinion and order, which we filed in this claim on July 20, 1994, contains statements that could possibly be misleading. Consequently, we find that the opinion should be modified by deleting the first sentence of the last paragraph beginning on Page 2 and inserting the following sentence:
[3] Additionally, the first full paragraph on Page 5 should be deleted and the following paragraph inserted:A preponderance of the evidence does not show that the requirements necessary for the Second Injury Fund to have liability had been met. Thus, the Second Injury Fund does not have liability.
[4] The opinion and order filed on July 20, 1994 is hereby modified as aforementioned. In all other respects, the opinion and order shall remain the same and shall not be otherwise affected. [5] IT IS SO ORDERED.Also, after considering, claimant’s age, education, work experience, and all other matters which may be reasonably expected to affect his future earning capacity, including the absence of evidence demonstrating a permanent physical impairment, we find that the claimant failed to prove by a preponderance of the evidence that he sustained any impairment to his wage earning capacity.
JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner
[6] Commissioner Humphrey concurs.