HAYWOOD v. MERIDIAN AGGREGATES COMPANY, 2000 AWCC 223

CLAIM NO. E705783.

ANTHONY HAYWOOD, EMPLOYEE, CLAIMANT v. MERIDIAN AGGREGATES COMPANY, EMPLOYER, RESPONDENT, GALLAGHER BASSETT COMPANY, INSURANCE CARRIER, RESPONDENT.

Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 14, 2000.

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

Claimant represented Pro se.

Respondent represented by the HONORABLE LEE J. MULDROW, Attorney at Law, Little Rock, Arkansas.

Decision of the Administrative Law Judge: Remanded.

ORDER
An administrative law judge held a hearing on October 13, 1998, and entered an opinion on November 3, 1998, denying a claim for additional benefits. The Commission file contains additional correspondence from the claimant to the Commission, and the file contains a March 13, 2000 letter addressed from the administrative law judge to the claimant advising the claimant that the issues with regard to his current claim for benefits had already been decided in an opinion filed on November 3, 1998, that this prior decision was not appealed within the allotted time frame, and that therefore another hearing will not be held.

However, there has been no record developed with respect to the administrative law judge’s letter-order, which appears to be a summary dismissal of the claimant’s claim with prejudice. Summary judgments are not applicable in workers’ compensation cases.See, Tracor/MBA v. Flowers, 41 Ark. App. 186, 850 S.W.2d 30
(1993); Bryan Crook v. Schuler Drilling, Full Workers’ Compensation Commission, Op. filed February 11, 1999 (Claim No. E502226); Cleveland Clark v. International Paper Company, Full Workers’ Compensation Commission, Op. filed January 5, 1996 (Claim No. E304018). Consequently, we vacate the administrative law judge’s March 13, 2000 letter-order and remand this file for an administrative law judge to hold a hearing on the claimant’s present claim for additional benefits, including the respondents’ defenses of res judicata and the statute of limitations, and any other issues that the parties seek to litigate.

IT IS SO ORDERED.

_______________________________
ELDON F. COFFMAN, Chairman

_______________________________ PAT WEST HUMPHREY, Commissioner _______________________________ MIKE WILSON, Commissioner