CLAIM NO. E218283
Before the Arkansas Workers’ Compensation Commission
OPINION FILED AUGUST 14, 1996
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE DONALD C. PULLEN, Attorney at Law, Hot Springs, Arkansas.
Respondents represented by the HONORABLE RANDY P. MURPHY, Attorney at Law, Little Rock, Arkansas.
[1] ORDER
[2] This case comes before the Full Commission on remand from the Arkansas Supreme Court. An administrative law judge filed an opinion and order in this case on February 28, 1994. In that opinion and order, the administrative law judge found the respondents are responsible for continued reasonable and necessary medical treatment, including a functional capacity assessment. In addition, the administrative law judge reserved the claimant’s entitlement to additional temporary total disability compensation pending the results of a functional capacity evaluation. In an opinion and order filed on October 17, 1994, the Full Commission reversed that part of the administrative law judge’s decision finding that the claimant is entitled to further medical treatment for his compensable injury, and the Full Commission therefore vacated that portion of the administrative law judge’s decision reserving the issue of additional temporary total disability compensation. In addition, the Full Commission found that the claimant failed to prove by a preponderance of the evidence that he is entitled to additional temporary total disability compensation. In an equally divided decision, the Court of Appeals affirmed the decision of the Full Commission. In its decision delivered on June 24, 1996, the Arkansas Supreme Court reversed the decision of the Arkansas Court of Appeals and remanded this case to the Full Commission with directions (1) to order payment of continued reasonable and necessary medical treatment, including the functional capacity evaluation, and (2) to determine whether payment of additional benefits is warranted.
JAMES W. DANIEL, Chairman PAT WEST HUMPHREY, Commissioner ALICE L. HOLCOMB, Commissioner