GANSKY v. HI-TECH ENGINEERING, 1996 AWCC 178

CLAIM NO. E218283

RICK GANSKY, EMPLOYEE, CLAIMANT v. HI-TECH ENGINEERING, EMPLOYER, RESPONDENT and HARTFORD INSURANCE CO., INSURANCE CARRIER, RESPONDENT.

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.

[3] Accordingly, pursuant to the decision of the Arkansas Supreme Court, we hereby order the respondents to pay the cost of continued reasonably necessary medical treatment for the claimant’s compensable injury, including a functional capacity evaluation. In addition, we remand this claim to the administrative law judge to schedule such hearings as are necessary to determine whether payment of additional benefits is warranted. The administrative law judge is also directed to enter findings of fact and conclusions of law, and to enter an opinion and order in accordance with his findings. [4] IT IS SO ORDERED.

JAMES W. DANIEL, Chairman PAT WEST HUMPHREY, Commissioner ALICE L. HOLCOMB, Commissioner