CLAIM NO. E714765
Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 24, 1999
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant appeared Pro Se.
Respondent represented by MIKE ROBERTS, Attorney at Law, Little Rock, Arkansas.
Decision of Administrative Law Judge: Vacated and Remanded
[1] ORDER[2] Respondent appeals from a decision of the Administrative Law Judge filed July 2, 1998. The Administrative Law Judge found that claimant sustained a compensable gradual onset injury while working for respondent and was thus entitled to medical treatment and temporary total disability benefits. After reviewing the entire record de novo, we find that we must vacate the decision and remand this case to the Administrative Law Judge for further analysis and proceedings. [3] In his opinion the Administrative Law Judge found that claimant proved by a preponderance of the evidence that she sustained an injury to her left elbow which meets the compensability requirements as defined by Act 796 of 1993. In order to prove that she sustained a gradual onset injury pursuant to Act 796 of 1993, claimant must prove, inter alia, that the injury was caused by rapid repetitive motion and the injury must be established with medical evidence, supported by objective findings. See Ark. Code Ann. § 11-9-102(5)(A)(ii)(a) and 11-9-102(5)(D). In his opinion the Administrative Law Judge failed to make any findings concerning rapid repetitive motion and made a finding of objective medical evidence based solely upon a diagnosis. Consequently, we are simply unable to determine on what basis, if any, the Administrative Law Judge decided that the claimant satisfied the rapid repetitive motion requirement or upon what objective medical evidence in this record the Administrative Law Judge relied in making his finding. [4] Therefore, we vacate the Administrative Law Judge’s July 2, 1998, opinion and remand this matter to the Administrative Law Judge for specific analysis and findings regarding whether claimant’s job duties involved rapid repetitive motion and setting forth the objective medical findings in the record which support the compensability of this claim. We direct the Administrative Law Judge to cite relevant statutory authority, case law and facts pertinent to these issues, said opinion to be filed within fifteen (15) days of the filing of this order. [5] IT IS SO ORDERED. [6] _______________________________
ELDON F. COFFMAN, Chairman
_______________________________ MIKE WILSON, Commissioner
[7] Commissioner Humphrey dissents.