KNAULS v. HALLIBURTON ENERGY SERVICES, INC., 2009 AWCC 83

CLAIM NO. F112770

MICHAEL KNAULS, EMPLOYEE CLAIMANT v. HALLIBURTON ENERGY SERVICES, INC., EMPLOYER RESPONDENT NO. 1 ESIS, INC., INSURANCE CARRIER/TPA RESPONDENT NO. 1 DEATH PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT NO. 2

Before the Arkansas Workers’ Compensation Commission
OPINION FILED MAY 27, 2009

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

Claimant represented by the Honorable Joe D. Byars, Jr., Attorney at Law, Fort Smith, Arkansas.

Respondents No. 1 represented by the Honorable James C. Baker, Jr., Attorney at Law, Little Rock, Arkansas.

Respondent No. 2 represented by the Honorable Christy King, Attorney at Law, Little Rock, Arkansas.

ORDER
This case comes before the Full Commission on Respondent No. 2’s Motion to File Amended Brief to the Full Commission. From the motion, the response of the claimant objecting to the motion and other matters of law and fact, known and made

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known to the Full Commission, the Full Commission finds as follows:

1. This claim was reversed and remanded by the Arkansas Court of Appeals back to the Full Commission in an opinion delivered April 15, 2009 (CA-08-1329).
2. A review of the Commission file reflects that Respondent No. 2, the Second Injury Fund filed with the Full Commission on June 20, 2008 its brief in response to the appeal of the claimant.
3. Respondent No. 2’s brief dealt with the issues now before the Full Commission with regard to Rule 28.
4. After reviewing the motion and previous file in this matter as well as the response by the claimant objecting to additional briefs, the Full Commission is of the belief that the issues have been adequately briefed and that the record is currently sufficient for the Commission to fully comply with the Arkansas Court of Appeals remand to the Commission for the determination of further findings and conclusions.
5. The Full Commission therefore denies Respondent No. 2’s Motion to File Amended Brief to the Full Commission.

IT IS SO ORDERED.

________________________________ A. WATSON BELL, Chairman
________________________________ KAREN H. McKINNEY, Commissioner
________________________________ PHILIP A. HOOD, Commissioner

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