CLAIM NO. E906998
Before the Arkansas Workers’ Compensation Commission
ORDER FILED NOVEMBER 29, 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.
ORDER
In an opinion filed May 25, 2000, an administrative law judge found that the claimant failed to prove that his work for the respondents is the major cause of the claimant’s back problems. The administrative law judge therefore denied the claim, and the claimant appealed to the Full Workers’ Compensation Commission. In an opinion filed October 4, 2000, the Full Commission vacated the administrative law judge’s opinion and remanded for additional findings addressing the precise legal issues involved in the case. This matter is presently before the Full Commission on the motion of the claimant’s attorney for a $250.00 fee for having prevailed on appeal.
Ark. Code Ann. § 11-9-715(b)(1) (Repl. 1999) provides that if the claimant prevails on appeal, the claimant’s attorney shall be entitled to an additional fee at the Full Commission level. After considering the claimant’s motion, the respondents’ response, and all other matters properly before the Commission, we find that the claimant’s motion for a $250.00 attorney’s fee should be, and hereby is, granted. See, Belcherv. Holiday Inn, 50 Ark. App. 148, 900 S.W.2d 215 (1995); Crow v.Weyerhauser Co., 41 Ark. App. 225, 852 S.W.2d 334 (1993).
IT IS SO ORDERED.
________________________________ ELDON F. COFFMAN, Chairman
________________________________ PAT WEST HUMPHREY, Commissioner
Commissioner Wilson dissents.