FOSTER v. KANN ENTERPRISES, INC., 2010 AWCC 3

CLAIM NO. F704651

BRYAN FOSTER, EMPLOYEE CLAIMANT v. KANN ENTERPRISES, INC., EMPLOYER RESPONDENT, ZURICH AMERICAN INSURANCE, INSURANCE CARRIER RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JANUARY 5, 2010

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

Claimant represented by the HONORABLE GREGORY R. GILES, Attorney at Law, Mountain Home, Arkansas.

Respondent represented by the HONORABLE WILLIAM C. FRYE, Attorney at Law, North Little Rock, Arkansas.

Decision of Administrative Law Judge: Reversed.

OPINION AND ORDER
In the above-styled matter, the Arkansas Court of Appeals has reversed the Commission’s finding that the claimant did not prove he was entitled to additional injection treatment. Foster v. Kann Enterprises, CA09-299 (Nov. 11, 2009).

Therefore, the Full Commission reverses the administrative law judge’s finding that the claimant failed to prove additional medical treatment proposed by Dr. Hart was reasonably necessary. We find that the claimant proved he was

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entitled to additional treatment in accordance with the mandate from the Court of Appeals. For prevailing on appeal to the Full Commission, the claimant’s attorney is entitled to a fee of five hundred dollars ($500), pursuant to Ark. Code Ann. § 11-9-715(b) (Repl. 2002).

IT IS SO ORDERED.

________________________________ A. WATSON BELL, Chairman

________________________________ KAREN H. McKINNEY, Commissioner

________________________________ PHILIP A. HOOD, Commissioner

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