ERIKA MATLOCK v. BLUE SHIELD, 2001 AWCC 178

CLAIM NO. E904817

ERIKA MATLOCK, EMPLOYEE, CLAIMANT v. ARKANSAS BLUE CROSS AND BLUE SHIELD, SELF-INSURED, EMPLOYER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED AUGUST 13, 2001

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

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

Respondents represented by the HONORABLE WALTER A. MURRAY, Attorney at Law, Little Rock, Arkansas.

ORDER
In the above-styled matter, the Arkansas Court of Appeals has reversed the Commission’s decision and has remanded for a determination of the claimant’s benefits. See, Matlock v. ArkansasBlue Cross Blue Shield, 74 Ark. App. ___, ___ S.W.3d ___ (2001).

Erika Matlock contended that she sustained a compensable injury on January 29, 1999, for which she sought reasonable and necessary medical treatment. After a hearing before the Commission, an administrative law judge found that Ms. Matlock sustained injuries on January 29, 1999, at a time when she was not performing employment services. The Full Commission affirmed the administrative law judge. However, the Court of Appeals has reversed the Commission’s decision and has remanded for a determination of benefits. Matlock, supra.

Consequently, the Full Commission reverses the opinion of the administrative law judge. We find that the claimant sustained a compensable injury on January 29, 1999, for which she is entitled to reasonable and necessary medical treatment.

All accrued benefits shall be paid in a lump sum without discount and with interest thereon at the lawful rate from the date of the administrative law judge’s decision in accordance with Ark. Code Ann. § 11-9-809 (Supp. 1999). The claimant’s attorney is entitled to the maximum statutory fee on benefits awarded herein, one-half of which is to be paid by the claimant and one-half to be paid by the respondents, pursuant to Ark. Code Ann. § 11-9-715(a). See, Coleman v. Holiday Inn, 31 Ark. App. 224, 792 S.W.2d 345 (1990). For prevailing on this appeal before the Full Commission, the claimant’s attorney is hereby awarded an additional attorney’s fee in the amount of $250.00 pursuant to Ark. Code Ann. § 11-9-715(b)(1).

IT IS SO ORDERED.

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