GOODWIN v. PHILLIPS PETROLEUM CO., 2001 AWCC 60

CLAIM NOS. E212066 E212067

STEVEN GOODWIN EMPLOYEE, CLAIMANT v. PHILLIPS PETROLEUM CO., EMPLOYER, RESPONDENT, ESIS THIRD-PARTY ADMINISTRATOR, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MARCH 7, 2001

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

Claimant represented by the HONORABLE MARY THOMASON, Attorney at Law, El Dorado, Arkansas.

Respondents represented by the HONORABLE BETTY J. DEMORY, Attorney at Law, Little Rock, Arkansas.

ORDER
Appellant appealed to the Arkansas Court of Appeals for the denial of temporary total disability benefits from 1993 to 1998, permanent total disability benefits and an attorney’s fee. The Court subsequently affirmed the Full Commission’s denial of permanent total disability benefits, but reversed and remanded for an award of attorney’s fees. The Court declined to rule on the issue of temporary total disability benefits because the issue was not preserved for appeal.

In accordance with this mandate, the Full Commission finds that appellant is entitled to the maximum statutory attorney’s fee based on the benefits controverted by the appellee.

Appellant argued to the administrative law judge that he was permanently and totally disabled due to his compensable injuries, or in the alternative, that he was entitled to permanent disability benefits in excess of his 10% impairment rating. He also argued that he was entitled to rehabilitation benefits and an attorney’s fee for controversion.

Appellee argued that appellant was neither permanently nor totally disabled as a result of his compensable injuries and was not entitled to permanent disability benefits in excess of his 10% impairment rating.

The administrative law judge held that appellee was entitled to a credit for inadvertently overpaying appellant temporary total disability benefits from June 10, 1993, until February 11, 1998. Since appellee failed to pay appellant’s permanent disability benefits for his 10% impairment rating, despite the fact that appellee felt it was justified because of overpayment, the administrative law judge also found that appellee had controverted that claim and awarded appellant attorney’s fees — a decision which later was reversed by the Full Commission and reversed again by the Court of Appeals.

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
______________________________ MIKE WILSON, Commissioner
______________________________ SHELBY W. TURNER, Commissioner