GOLDEN v. WESTARK COMMUNITY COLLEGE, 1998 AWCC 250

CLAIM NO. E402532

BILL GOLDEN, EMPLOYEE, CLAIMANT v. WESTARK COMMUNITY COLLEGE, EMPLOYER, RESPONDENT and PUBLIC EMPLOYEE CLAIMS DIVISION, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JUNE 24, 1998

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

Claimant represented by the HONORABLE WILLIAM KROPP, III, Attorney at Law, Fort Smith, Arkansas.

Respondents represented by the HONORABLE NATHAN CULP, Attorney at Law, Little Rock, Arkansas.

[1] OPINION AND ORDER
[2] This case comes before the Full Commission on remand from the Supreme Court of Arkansas. In an opinion delivered April 30, 1998, the Supreme Court affirmed our decision awarding the claimant 20% permanent partial disability to the body as a whole. However, the Court reversed our determination that benefits for this disability would be offset, dollar-for-dollar, pursuant to Ark. Code Ann. § 11-9-522(f) (Repl. 1996), by the claimant’s Social Security retirement benefits. See, Golden v. WestarkCommunity College, 333 Ark. ___, ___ S.W.2d ___ (April 30, 1998). The Court has instructed the Commission to enter an order consistent with the Court’s opinion. [3] The Court has held that the offset provision of Ark. Code Ann. § 11-9-522(f) for Social Security retirement benefits runs counter to the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. We therefore find that the claimant is entitled to the previously-awarded amount of 20% permanent partial disability, and that same shall not be offset by Social Security retirement benefits. [4] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner

[5] MIKE WILSON, Commissioner