HAYNES v. PLEASANT VALLEY COUNTRY CLUB, 1996 AWCC 76

CLAIM NO. E410644

SONYA GAYE HAYNES, EMPLOYEE, CLAIMANT v. PLEASANT VALLEY COUNTRY CLUB, EMPLOYER, RESPONDENT and CONTINENTAL INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED MAY 1, 1996

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

Claimant represented by RICHARD J. ORINTAS, Attorney at Law, Little Rock, Arkansas.

Respondents represented by THOMAS J. DIAZ, Attorney at Law, Little Rock, Arkansas.

[1] ORDER
[2] This case comes on for review before the Commission on motion by claimant’s attorney for attorney’s fees and an attorney’s lien.

[3] On February 14, 1996, the Commission affirmed the opinion of an Administrative Law Judge finding that claimant failed to prove by a preponderance of the evidence that she sustained a compensable injury. Thus, compensation benefits have not been awarded to, or received by, claimant. The Workers’ Compensation Act does not authorize the Commission to award an attorney’s fee to claimant’s attorney when an original claim for benefits has been denied. Further, claimant has filed her own notice of appeal to the Arkansas Court of Appeals. If the Court of Appeals reverses and remands for an award of benefits, the issues surrounding an award of attorney’s fee to claimant’s attorney will be decided on remand. [4] The remaining portion of the motion can be construed as a notice of intent to assert an attorney’s lien on any benefits that claimant may be awarded. An attorney’s lien has already attached pursuant to Ark. Code Ann. § 16-22-304 (c) (1987). [5] IT IS SO ORDERED.

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