FRANCES v. GAYLORD CONTAINER CORPORATION, 2000 AWCC 92

CLAIM NO. E707430

CHARLES FRANCES, JR., EMPLOYEE, CLAIMANT v. GAYLORD CONTAINER CORPORATION, EMPLOYER, RESPONDENT and CNA INSURANCE, CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 28, 2000

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

Claimant represented by GARY DAVIS, Attorney at Law, Little Rock, Arkansas.

Respondent represented by MICHAEL J. DENNIS, Attorney at Law, Pine Bluff, Arkansas.

ORDER
This matter comes back before the Full Workers’ Compensation Commission upon reversal and remand from the Arkansas Court of Appeals. See, France v. Gaylord Container Corp., 69 Ark. App. ___, ___ S.W.3d ___ (2000).

In an Opinion and Order filed March 2, 1998, an Administrative Law Judge found that the claimant proved by a preponderance of the evidence that the claimant sustained a compensable injury on September 23, 1996. The Full Commission reversed the decision in an opinion dated January 21, 1999, finding that the claimant failed to prove by a preponderance of the evidence that he sustained the compensable injury on September 23, 1996. However, the Court of Appeals has reversed the Full Commission’s opinion and order and has remanded this matter for the Full Commission to issue an order awarding benefits.

Therefore, the Full Commission finds that the claimant proved by a preponderance of the evidence that he sustained a compensable injury arising out of and in the course of his employment on September 23, 1996, and that the claimant was temporarily totally disabled for the period beginning September 3, 1997 and continuing through January 8, 1998.

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).

IT IS SO ORDERED.

_______________________________
ELDON F. COFFMAN, Chairman

_______________________________
PAT WEST HUMPHREY, Commissioner

_______________________________ MIKE WILSON, Commissioner