HARTE v. CITY OF ROGERS, 2000 AWCC 263

CLAIM NO. E906998.

ALLEN HARTE, EMPLOYEE, CLAIMANT v. CITY OF ROGERS, EMPLOYER, RESPONDENT ARKANSAS MUNICIPAL LEAGUE, INSURANCE CARRIER, RESPONDENT.

Before the Arkansas Workers’ Compensation Commission
OPINION FILED OCTOBER 4, 2000.

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

Claimant represented by the HONORABLE JAY TOLLEY, Attorney at Law, Fayetteville, Arkansas.

Respondents represented by the HONORABLE J. CHRIS BRADLEY, Attorney at Law, Little Rock, Arkansas.

Decision of administrative law judge: Remanded.

ORDER

The claimant appeals to the Full Workers’ Compensation Commission an administrative law judge’s opinion filed May 25, 2000. The administrative law judge determined that the claimant “has failed to prove by a preponderance of the evidence that his work for the respondent is the major cause of his back problems.” The Full Commission vacates the opinion of the administrative law judge, and we remand for additional findings.

The administrative law judge erred as a matter of law in finding that the claimant failed to prove that the claimant’s work is the major cause of his back problems. Act 796 of 1993 requires inter alia, that the claimant prove that the alleged injury, not his work, is the major cause of his need for treatment. See,Medlin v. Wal-Mart Stores, Inc., 64 Ark. App. 17, 977 S.W.2d 239
(1998).

The Full Commission remands this case and directs the administrative law judge to enter findings pursuant to the requirements of Act 796 of 1993.

IT IS SO ORDERED.

________________________________ ELDON F. COFFMAN, Chairman
________________________________ PAT WEST HUMPHREY, Commissioner
________________________________ MIKE WILSON, Commissioner