CLAIM NO. E305472
Before the Arkansas Workers’ Compensation Commission
OPINION FILED FEBRUARY 4, 2000
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE JOHN FRANK GIBSON, Attorney at Law, Monticello, Arkansas.
Respondents represented by the HONORABLE KEITH M. McPHERSON, Attorney at Law, Little Rock, Arkansas.
ORDER
In the above-styled matter, the claimant moves the Full Workers’ Compensation Commission to remand to the administrative law judge for further consideration. After reviewing the claimant’s Motion for Reconsideration, the respondents’ response thereto and all other matters properly before the Full Commission, we find that the motion should be granted.
Beverly Ellis sustained a compensable injury when she was partially scalped on March 31, 1993 while in the employ of the respondents. The claimant received reasonable and necessary medical treatment, including skin graft surgery, in addition to temporary total disability compensation. The claimant underwent additional surgery to her scalp around February, 1994, after which she began experiencing severe headaches. In an opinion filed April 11, 1996, the Full Commission affirmed an administrative law judge’s finding that the claimant’s headaches were a compensable consequence of her work-related injury. However, the Full Commission found that the claimant failed to prove that she was entitled to temporary total disability after August 17, 1994, the date the Commission determined was the end of the claimant’s healing period.
Ms. Ellis subsequently filed a claim for permanent total disability benefits. The claimant testified that her compensable headaches had caused her to stop working, and that she was in daily, debilitating pain. The claimant testified that no medical treatment has provided lasting relief. Dr. Mary Corbitt, the claimant’s treating physician, wrote in August, 1997, “She has had extensive treatment and she continues to suffer from severe, intractable chronic daily headache. In my medical opinion she qualifies for 100% rating of permanent total disability.”
In an opinion filed February 4, 1998, the administrative law judge denied the claim for permanent total disability. The administrative law judge found that the evidence “does not reflect that she has sustained any degree of permanent impairment as a result of said injury which is supported by objective and measurable physical or mental findings in accordance with the statutory mandate.” The Full Commission affirmed and adopted the administrative law judge’s findings and conclusions in an opinion filed July 17, 1998. The claimant appealed to the Arkansas Court of Appeals. Because the Court of Appeals found it “impossible to determine from the ALJ’s opinion the exact basis for the denial of benefits. . . . We therefore remand this case to the Commission for clarification of the basis of the denial of benefits for appellant.” The Court delivered its opinion on September 15, 1999; the Clerk of the Commission placed the case on the Full Commission’s December 8, 1999 submission docket.
After considering the Court of Appeals’ remand for clarification of the basis for the denial of benefits, and the claimant’s motion for reconsideration, we remand this matter to the administrative law judge for further findings of fact and conclusions of law regarding the claimant’s entitlement to permanent total disability benefits. Compare, Vera A. Gaston v.U.S. Electrical Motors, Full Workers’ Compensation Commission, opinion filed December 9, 1999, E801661); John McGilton v. SteveBolin Logging, Inc., Full Workers’ Compensation Commission, opinion filed October 15, 1999, (E809041); Gale J. Mebert v. YourEmployment Service, Full Workers’ Compensation Commission, opinion filed October 1, 1999, (E814725); Dale E. Mask v. BaxterHealthcare Corp., Full Workers’ Compensation Commission, opinion filed May 21, 1999, (E710542 E710543); Randy Sowell v. McClainFarms, Full Workers’ Compensation Commission, opinion filed May 11, 1999, (E615941); Jerry Caves v. Riverside Furniture, Full Workers’ Compensation Commission, opinion filed March 25, 1999, (E714394); Pamela M. Everett v. Wal-Mart Associates, Full Workers’ Compensation Commission, opinion filed March 24, 1999, (E714765);Phillip Stewart v. Ross Custom Woodworking, Full Workers’ Compensation Commission, opinion filed March 9, 1999, (E700571);Sharon White v. Fiserv, Inc., Full Workers’ Compensation Commission, opinion filed December 1, 1998, (E704960). We further direct the administrative law judge to file an opinion within thirty (30) days of entry of this order.
IT IS SO ORDERED.
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ELDON F. COFFMAN, Chairman
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PAT WEST HUMPHREY, Commissioner
________________________________ MIKE WILSON, Commissioner