LOFTIN v. VOLT SERVICES GROUP, 2001 AWCC 114

CLAIM NO. F006685

SANDRA LOFTIN, EMPLOYEE, CLAIMANT v. VOLT SERVICES GROUP, EMPLOYER, RESPONDENT, HARTFORD FIRE INSURANCE CO., INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED MAY 18, 2001

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 BETTY DEMORY, Attorney at Law, Little Rock, Arkansas.

Decision of administrative law judge: Vacated and remanded.

OPINION AND ORDER
The claimant appeals to the Full Workers’ Compensation Commission an administrative law judge’s opinion filed January 4, 2001. The administrative law judge found, inter alia, that the claimant failed to prove that she was entitled to temporary total disability compensation from October 15, 1999 to July 27, 2000.

After reviewing the entire record de novo, the Full Commission vacates the administrative law judge’s decision and remands to the administrative law judge for further findings.

The administrative law judge found that the claimant sustained a compensable injury in the form of right carpal tunnel syndrome, a scheduled injury. Ark. Code Ann. § 11-9-521(Supp. 1999). In order to be entitled to temporary total disability compensation for a scheduled injury, the employee must prove: (1) that she remains within her healing period; and (2) that she has not returned to work. Wheeler ConstructionCo. v. Armstrong, 73 Ark. App. ___, ___ S.W.3d ___ (2001). The administrative law judge did not analyze the claimant’s entitlement to temporary total disability pursuant to Armstrong, and in fact employed no legal analysis at all with regard to the temporary disability issue.

Therefore, the Full Commission vacates the administrative law judge’s decision and remands to the administrative law judge for proper adjudication of the claimant’s entitlement to temporary total disability compensation. The Full Commission finds that the claimant’s attorney is entitled to an attorney’s fee of $100.00 for prevailing on this appeal, pursuant to Ark. Code Ann. § 11-9-715(b). With regard to the attorney’s fee for services on appeal, we note that the claimant’s attorney filed a notice of appeal but did not brief the Full Commission.

IT IS SO ORDERED.

________________________________ ELDON F. COFFMAN, Chairman
________________________________ MIKE WILSON, Commissioner
________________________________ SHELBY W. TURNER, Commissioner