MALONE v. TEXARKANA PUBLIC SCHOOLS, 1998 AWCC 256

CLAIM NO. E506679

ANNA MALONE, EMPLOYEE, CLAIMANT v. TEXARKANA PUBLIC SCHOOLS, EMPLOYER, RESPONDENT, SELF-INSURED and (SEDGWICK JAMES COMPANY), INSURANCE CARRIER, RESPONDENT

Before the Arkansas Workers’ Compensation Commission
OPINION FILED JULY 1, 1998

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

Claimant represented by GREGORY GILES, Attorney at Law, Texarkana, Arkansas.

Respondents represented by MIKE ROBERTS, Attorney at Law, Little Rock, Arkansas.

[1] OPINION AND ORDER
[2] This case comes on for review before the Commission on remand from the Arkansas Supreme Court. [3] The Commission affirmed and adopted an opinion by the Administrative Law Judge finding that claimant had failed to prove by a preponderance of the evidence that her carpal tunnel syndrome was caused by rapid repetitive motion. On appeal to the Arkansas Court of Appeals, the court reversed and remanded pursuant to its decision in Baysinger v. Air Systems, Inc., 55 Ark. App. 174, 934 S.W.2d 230 (1996). Subsequently, the Supreme Court granted review of the Court of Appeals’ decision. In an opinion delivered May 28, 1998, the Supreme Court found that there was substantial evidence to support the Commission’s denial of benefits and therefore, the opinion of the Court of Appeals was reversed. [4] In accordance with the decision of the Arkansas Supreme Court, we find that claimant has failed to meet her burden of proving that she is entitled to benefits. Therefore, claimant’s claim for benefits for her carpal tunnel syndrome is hereby denied and dismissed. [5] IT IS SO ORDERED.

ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner

[6] MIKE WILSON, Commissioner