CLAIM NO. E500479
Before the Arkansas Workers’ Compensation Commission
ORDER FILED JULY 16, 2001
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by HONORABLE FLOYD M. THOMAS, JR., Attorney at Law, El Dorado, Arkansas.
Respondents No. 1 represented by HONORABLE JUDY ROBINSON WILBER, Attorney at Law, Little Rock, Arkansas.
Respondent No. 2 represented by HONORABLE JUDY RUDD, Attorney at Law, Little Rock, Arkansas.
ORDER
This matter is currently before the Full Workers’ Compensation Commission on a remand from the Arkansas Supreme Court. In an opinion dated December 15, 2000, the Supreme Court found that the claimant presented proof of objective medical evidence of injury and that there was a causal connection between the injury and the medical treatment. Accordingly, the Supreme Court found that the claimant sustained a compensable injury.Estridge v. Waste Management, 334 Ark. 276, 33 S.W.3d 167 (2000).
In an opinion dated February 4, 1999, an Administrative Law Judge found that the claimant proved by a preponderance of the evidence that he sustained an injury arising out of and in the course of his employment on September 28, 1994. The Full Workers’ Compensation Commission, in an opinion dated July 13, 1999, reversed the decision of the Administrative Law Judge and found that the claimant failed to prove by a preponderance of the evidence that he sustained a compensable aggravation of a pre-existing degenerative condition. In an unpublished decision, the Court of Appeals affirmed the Commission’s denial of benefits. See CA99-1208. The claimant then appealed the Court of Appeals’ decision to the Arkansas Supreme Court. The Supreme Court granted the petition for review pursuant to Ark.Sup.Ct.R. 1-2(e)(1). The Supreme Court found that the claimant proved by a preponderance of the evidence that he sustained a compensable injury. The Court stated:
The issue on appeal is whether appellant proved that he sustained a compensable injury. We hold that he did and, therefore, reverse the Full Commission’s decision to deny benefits, as well as the Court of Appeals’ decision to affirm the Commission.
Therefore, the Full Commission finds that the claimant proved by a preponderance of the evidence that he sustained a compensable injury on September 28, 1994. Respondents are directed to comply with the award set forth in the opinion of the Administrative Law Judge. 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 (Repl. 1996).
For prevailing on this appeal before the Full Commission, claimant’s attorney is hereby awarded an additional attorney’s fee in the amount of $250.00 in accordance with Ark. Code Ann. § 11-9-715(a)(2)(B) and § 11-9-715(b)(2).
IT IS SO ORDERED.
______________________________ ELDON F. COFFMAN, Chairman
______________________________ MIKE WILSON, Commissioner
______________________________ SHELBY W. TURNER, Commissioner