JONES v. GENTUSO, 1999 AWCC 37

CLAIM NO. D911264

BILLY CHARLES JONES, EMPLOYEE, CLAIMANT v. VINCE GENTUSO, JR., EMPLOYER, RESPONDENT and EMPLOYERS MUTUAL CASUALTY, INSURANCE CARRIER RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED FEBRUARY 10, 1999

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

Claimant represented by ZAN DAVIS, Attorney at Law, Little Rock, Arkansas.

Respondents represented by JAMES W. TILLEY, Attorney at Law, Little Rock, Arkansas.

[1] OPINION
[2] This case comes on for review before the Commission on remand from the Arkansas Court of Appeals.

[3] In an opinion dated February 2, 1998, the Commission found, among other things, that claimant was entitled to benefits for additional permanent anatomical impairment in an amount equal to 3% to the body as a whole. In an opinion delivered December 23, 1998, the Arkansas Court of Appeals found that the Commission’s award for permanent anatomical impairment was “not based on substantial evidence.”

[4] In accordance with the opinion of the Arkansas Court of Appeals, we find that claimant failed to prove by a preponderance of the evidence that he is entitled to any additional benefits for permanent anatomical impairment.

[5] IT IS SO ORDERED.

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